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Old 02-13-2002, 08:45 PM
cjhastings
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bankruptcy-lift of stay


california.

i filed chap 7. A lift of stay motion was granted by the judge for an auto finance corp. The auto was not repossed, and there was no reaffirmation agreement, 5 months after the bankruptcy was discharged we paid off the lein on the auto.
my question concerns the following;
the auto finance corp states we must pay all of their attorney fees for the lift of stay motion before we receive the auto pink slip.
they stated the granting of the lift of stay motion made us liable under the original auto contract (simple interest motor vehicle contract and security agreement).
my question is can we be held resposible for their attorney's fees and any addition penalties and fees they want to add on, and is the auto contract still enforceable by the auto company even after the bankruptucy discharge.
  #2  
Old 02-14-2002, 12:33 AM
JasonRT
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This debt was protected by a purchase money security interest. They do not have to release their security (the car) until you release the money you owe.

They had to spend attorney fees - because of you - why shouldn't they be allowed to recoup them?


[email]JASON@LEGISLATOR.COM[/email]
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