Motion for relief from automatic stay

[spanky]

We just received a motion for relief from the automatic stay for one of our car loans that we're planning to surrender.

The hearing is scheduled for 4/1/10. Our 341 is scheduled for 3/18/10.

Do we need to do anything before this automatic stay hearing or the 341?

[ToughTimes]

No, if you are planning to surrender the vehicle.

But I will mention our attorney's written instructions tell us to contact his office whenever we receive legal paperwork. Your attorney should have also received a copy of the motion, but I'd call his office/support staff and make sure they're aware of it.

[HHM]

Correct, if you are surrendering, nothing you need to do. The Motion for Relief is merely procedurally to allow the car lender to take the vehicle sooner rather than later (i.e. they don't need to wait until discharge).

[JJ888]

We just received a motion for relief from the automatic stay for one of our car loans that we're planning to surrender.

The hearing is scheduled for 4/1/10. Our 341 is scheduled for 3/18/10.

Do we need to do anything before this automatic stay hearing or the 341?

Which bank do you have for your car loan?

[spanky]

Chase Manhattan.

[Dannmcg357]

If the debtor advised intent to surrender vehecle on his/her petition, why would the finance company go through the pain and expense to get a car that is going to be given back to them anyway? Just curious.

[stacyppl]

I also got a motion of relief from stay from CitiAuto (2007 Hyundai Elantra). The last day to object to the motion is tomorrow. If I object, there is a hearing on the 16th. I plan to surrender, but what is the timeline for them coming to pick up the car?

[JJ888]

Is it true that the lender cannot repo the car until discharge?

[Dannmcg357]

Unless they filed for and were granted a Reliefe from Stay it is a violation of the Automatic Stay of Bankruptcy because a repo is an attempt to collect on a debt. Having said that, I have read many posts on here were it has happened and though you can get the car back it will be a hassle. I guess the short answer is, their not supposed too.

[spanky]

So, do I need to file an answer for this Motion for relief from the automatic stay? It's supposed to go to court on 4/1. I was thinking we could just turn the car in before that?

[Carloscda]

Not to hijack but I got jammed in that mess!
Notice for relief came to me & my attorney. Attorney knew I wanted to keep my car that's why I filled to begin with, but from what I read on the notice after the fact the appeal was never entered?!

[ToughTimes]

You do not need to do anything about the relief of stay as long as you are willing to give up the vehicle.

Ask your attorney's office what you need to to in order to actually surrender the vehicle. We were able to surrender ours at a nearby bank branch of the lender (Wells Fargo), but our attorney's secretary first put us in touch with a specific person with whom to arrange the surrender. And document your surrender as your attorney's office instructs you to. Lord forbid you give it to them and they don't acknowledge that they have it!

In our case, we did surrender the vehicle before the lender had a relief of stay. They still had to get a relief of stay, though, as your lender also will.

[stacyppl]

Well, since I plan to surrender, I did not file an appeal. A few days after the deadline to file an appeal, the court granted the stay, but the document reads like the relief is only for 14 days. Anyway, CitiAuto called me on Friday while I was at work and when I got home I called back, but they were closed. I guess they will arrange to get the car within the next two weeks. Spanky, if you plan to surrender, do not respond to the appeal. The court will grant the relief and the lender will be able to call you about arrangements to surrender. I'm going to drive my car until they come to get it. My discharge is scheduled for April 23rd. After that, I guess I'll drive the 1993 Chevrolet clunker that my ex left for our daughter to practice her driving (have to get it checked out, though).