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almost discharge...a little problem, help!

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    almost discharge...a little problem, help!

    everything was going fine and i was on track to be discharged, (last day to object was june 2) i was current on my car payments when i file my chap 7 case but i am about 2 payments behind now and the lender has filed a motion to lift stay. I can pay the past due and bring my account current, but my question is will they still want to repo my car after they see it is now current? I did not sign a reaff form either. thanks.

    #2
    Originally posted by cmb2001 View Post
    everything was going fine and i was on track to be discharged, (last day to object was june 2) i was current on my car payments when i file my chap 7 case but i am about 2 payments behind now and the lender has filed a motion to lift stay. I can pay the past due and bring my account current, but my question is will they still want to repo my car after they see it is now current?
    Cure the payment before the hearing on the Motion for Relief from Automatic Stay.

    Staying absolutely current on discharged debt is extremely important. While a ride-through is a good thing... the lender will pounce, as you just learned, when you are late on payments. They have no other recourse!

    Do you have an attorney? Your attorney may be able to bring a cashier's check to the hearing and before the hearing, talk to the lender's attorney on making it current and withdrawing the motion.

    You, through your attorney, need to see what the lender wants. Ride-throughs are a gift.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      You are wanting to keep the car?

      Are you wanting to keep the car?

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        #4
        yes i want to keep the car at least for now. i am going to pay the amount i am behind on monday.

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          #5
          You need to get in contact with the representative that filed the Lift Stay for the car lender. Let them know you can cure and get instructions on where to send the payment specifically and an agreement that upon payment to cure, they will withdraw the motion.
          Last edited by HHM; 06-21-2009, 01:18 PM.

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            #6
            I didn't even realize this was the pro se forum, and I asked the poster to talk to their attorney. Thanks HHM!
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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