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    #1

    Help I got a big dilemma

    I recently filed bankruptcy and boy do I have an issue. I had filed bk after my debts piled up and my vehilce was repossed. Well here goes the wowzier part of it all. The lender released the vehilce to me and it is trying to get a relief from stay. To be able to sale the vehilce. In the motion the lender assumes it has the vehilce in its possession. They released it back to me. I called the lender to verify if they believed they got possession of the car and they think just that. I am very confused on what I should do regarding this matter. I am puzzled to how I should proceed with the objection. Please help if you have any knowledge or advice you can give
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    #2
    When a creditor files an MFR its not the creditor, its their attorney. At this time they have basic forms that assume stuff thats not really true. You will occasionally see that the vehicle is in the creditor's possession when its not, you will see that they claim the vehicle is uninsured when it really is. There are a number of things they put on these. Regardless of who has the vehicle the terms pretty much dont change. The creditor will typically want funds to bring the account current and a reaf.

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      #3
      I am not sure if you misunderstand me or not but they released the vehilce back to me after they repoed it. In my state they are not required to return to vehilce when bk is filed. I spoke to at least two persons at the bank and both persons believe they got the vehilce in their possession. Their attorney believes the same. I just filed very recently. I have just started making payments to trustee and the 341 meeting isn't until next month.

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        #4
        So how should our proceed with an objection/answer. Do you know the best way to go about this .

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          #5
          Originally posted by jayalln View Post
          So how should our proceed with an objection/answer. Do you know the best way to go about this .
          I'm assuming you filed pro se (without a lawyer). You mentioned just starting to make payments to the trustee - are you making Ch 13 payments or paying your trustee for a non-exempt asset in Ch 7? Which bankruptcy chapter did you file?
          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

          06/01/06 - Filed Ch 13
          06/28/06 - 341 Meeting
          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
          10/05/06 - Hearing to resolve 2 trustee objections
          01/24/07 - Judge dismisses mortgage company objection
          09/27/07 - Confirmed at last!
          06/10/11 - Trustee confirms all payments made
          08/10/11 - DISCHARGED !
          10/02/11 - CASE CLOSED
          Countdown: 60 months paid, 0 months to go

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            #6
            Originally posted by lrprn View Post
            I'm assuming you filed pro se (without a lawyer). You mentioned just starting to make payments to the trustee - are you making Ch 13 payments or paying your trustee for a non-exempt asset in Ch 7? Which bankruptcy chapter did you file?
            Yes I filed without an attorney and the payments are for a chapter 13 plan

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