I checked pacer today and there is 3 new listings. One was on 12/8 , notice of appearance by an atty on behalf of compass bank. Next is 12/16, two entries by same atty. One is notice of motion for relief of auto stay and the other is related to that. What does all this mean??? Reading through the documents it seems to say that they want the stay lifted so they can take my truck which I chose to surrender. I surrendered it to compass bank on 10/3. My 341 was 11/7 . They are just now filing on their behalf ? Is this just all a formality? Its got me worried a lil. Anyone have a similar situation??
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Bk filed 9/27 Pro Se
341 11/7 DONE!
Discharge 1/16
Closed 1/26
Arizona -
its a legal thing. if you didnt want your truck then tehy cant just take it. they have to make sure its ok with the trustee to take it.
i always thought they couldnt pick it up until the trustee said its ok. anybody know about this? i mean what happens if trustee says, nope we are selling it to pass around the money. how does this work.Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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They have to file for the automatic stay to be lifted or wait till after discharge to pickup the truck.....
Many vehicles are surrendered right after discharge...Minny
"It's amazing the paths that our feet sometimes follow in life".
My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.Comment
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Without lifting the stay, they can't put the vehicle up for auction. The paperwork probably says something about how they have the right to sell it, and if they get more than their claim (meaning what you owe them for it) then the extra gets turned over to the BK court.
Bob-my understanding is they can't take the vehicle, but you can choose to give it back to them in a bankruptcy. I had to give Mitsubishi explicit permission for someone to be able to call me back to schedule a pickup, and sign a release when the driver came out.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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Just a thought
We had a creditor indicate he was going to appear at our 341. Like you, we were ill with worry. I am wondering whether sometimes they just put stuff on the file, but don't really follow through? The creditor never even showed up at our meeting. Good luck to you.Comment
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I spoke with the trustee the day I filed because there is a law that says you have to notify the trustee and the bank that owns the loan of your vehicle 30 days (dont quote me on the amount of days i dont have the paper sitting infront of me right now) before you file that part of your BK. The trustee told me to call the bank and that by filing he , the trustee, is being given notice even though the law says to do it before hand. I notified the bank and they wanted the truck back so I made arrangements to drop it off. Then Ascention(sp?) Capital filed notice of appearance on behalf of the bank, prior to the 341,also sent me a letter asking me to sign agreeing to the surrender, which I did. SO now I have a lawyer filing notice of appearance after 341 ? and the other entries I put in prior post !? I owe more than the truck is worth so I don't know if they will be getting any money from the sale.
Thanks for everyones response, I am hoping it is just a formality!Bk filed 9/27 Pro Se
341 11/7 DONE!
Discharge 1/16
Closed 1/26
ArizonaComment
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The 'notice of appearance' really doens't pertain to the 341. My understanding is that it is used to file a new contact/address for the creditor. That way, the attorney gets notified of any activity on your case.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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regarding the notice of appearance, thats my understanding as well. he is the one hired to take care of it so he has to introduce hemself. too bad he cant do it off the edge of a cliff
Im not an attorney or a trustee. You cant trust me either though!
[x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
[x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
[x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
[x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!
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