Why would creditor file motion for ref.from stay

[buriedindebt]

341 held on 11-08-05, credit union atty.showed.Ask when he could P/U
car? We said immed..They picked-up car on 11-29-05.. Pacer shows
atty. filed motion for relief from stay on 12-06-05.. Question is :
they have the car back, why are they filing this motion now for?
We filed pro se, trustee filed a no asset report the day after the 341.
1-09-06 last day for objections.. Also in the motion there is a hearing sched.
for 1-05-06.. Do we need to attend this hearing?

[Pinktiger]

Not sure why they filed that motion, unless it was to safeguard their interests in the automobile. Yes, you need to appear at the hearing. If you do not, you forfeit your rights in that regard. You should ask the trustee these questions and get some answers.

[Viper]

Being that you have no interest in the car there is no need for you to attend the hearing. As far as them filing the motion, that is standard operating procedure.


- Viper

[buriedindebt]

Thanks PT, My initial thought was they would have to had filed the relief
motion to get it back before the stay expires on 1-09-06.. Just seems fishy
they filed the motion after they picked up the car... At the 341, atty for the creditor said he would pick up the car in 3-4 days. One month later they come an get it. I'll be looking for the motion in the mail soon, and post again
when I read it...

[buriedindebt]

Viper Thanks, It's gone . Kinda of what I thought a formality right, so that
makes it legal for them to take it before the discharge... We definitely had
no objection to them picking it up before the discharge.

[StaciMM]

The motion is a formality. Without it, even though you allowed them to come & pick it up, they can't take steps to sell it. It is still part of the BK at this point.

Don't be alarmed if you get additional paperwork from them. I've gotten mailings letting me know that the vehicles we surrendered will be auctioned after such and such date, w/ a balance owed. Its not so much a collection letter, but a notice that if you want it back you have a limited amount of time to act.