top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

It's only a matter of time....

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    It's only a matter of time....

    So, we filed last week! Our automatic stay was put into effect. We are letting our truck go. Currently it is about 2 1/2 months behind. I am assuming that they are going to try and lift the stay to get the truck back. Wondering if anyone knows about how long that takes and if they are allowed to repo it during the automatic stay? Thanks
    Filed: 08/09/06
    341: 09/18/06
    Discharged: 11/22/06
    Closed 11/30/06

    #2
    No, they can't touch it unless they file {and are granted } relief of stay.
    No telling how long it'll take since it'll depend on when {or even if they file}.

    Comment


      #3
      They shouldn't be bothering you during the Stay. The Lender would be in violation of the Law. Once they get the Stay lifted is a whole different story.

      Just an FYI for you,........... You should prepare in advance to return the vehicle instead of letting it get repo'd. That way you're in control of the situation. You don't have to be worried about being standed at the grocery with a bascart full of groceries and no way to get home.

      Arrange with the Lender for a mutually agreed upon time and place to return the truck. Be sure to get a receipt signed by the Lender's Rep that they did indeed receive the truck in good working order and condition. Just a CYA and a paper trail for you. If they happent to come back later complaining, then you've got proof.
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        Originally posted by SinkingFast
        Just an FYI for you,........... You should prepare in advance to return the vehicle instead of letting it get repo'd.
        This is exactly what I would like to do. However, if I can use it for another 3 weeks or so I would like to do so. That's why I was wondering about the time frame of things. But I would be notified of them lifting the stay right? Then I should probably call them and make the arrangements? I do NOT want to run to the window every time I hear a noisy truck thinking it's a tow truck coming to get it. Thanks all
        Filed: 08/09/06
        341: 09/18/06
        Discharged: 11/22/06
        Closed 11/30/06

        Comment


          #5
          miss puff,

          I would think you could wait until the Relief of Stay is filed and you've receive notice, then proceed to make arrangements. Otherwise, I would say drive it until then. It could be a while.
          Bankruptcy History:
          Chapter 7 filed - 10/12/2005 - Asset
          Discharged - 02/16/2006
          Case Closed - 11/08/2007

          A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

          All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

          Comment


            #6
            Miss P,........... BassBoy is right. You'll have a while yet, and you'll get notice when the Lender petition's the Court. It won't happen over night. Could be after your 341. Could be as long as until you're discharged.
            Filed Ch 7 - 09/06
            Discharged - 12/2006
            Officially Declared No Asset - 03/2007
            Closed - 04/2007

            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

            Comment

            bottom Ad Widget

            Collapse
            Working...
            X