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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 03-19-2005, 04:05 PM
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Auto Repossession Mistake. Need Help!


What is the name of your state? Maryland

On March 7th, 2005, our lease matured. Because no one would refinance due to the fact we are in a Chapter 13, we returned the car on March 7th to the dealer. Today, Saturday, March 19th, we received from SunTrust Bank's Law Firm/Attorneys, notice that they have filed in the Courts of Baltimore, relief from automatic stay to be lifted as the loan is matured and we did not pay the full balance remaining. There is a court hearing according to the court papers we received today, for April 8th. We are totally sick over this. We called the dealership where we returned the car. They told us to come back on Monday morning and the person in charge of doing the write-up and condition of the car would be in. The person I spoke with today said the car has already been towed away from the dealership. The dealership said they would give us a copy of the condition report of the car and the date we turned the vehicle in. We then can take this to our attorney asap to try and get this matter resolved. What is going to happen to us now? When I spoke with SunTrust in December, they told me they could not refinance because we are in bankruptcy and that no one else would either. I told the lady we would then turn the car back in in March when the final payment would be do. I received from a congratulations notice from Suntrust stating we have completed our loan obligation as the loan has matured. Will this letter from the dealership satisfy the court and Suntrust? We do not have posession of this vehicle as it was turned back in on March 7th, which is the date the loan matured. Who is liable for this now? What will the trustee do to us? We are sooooo scared and panicking right now. Any help or advise would be extremely grateful! Thank you.
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Old 03-19-2005, 04:25 PM
seniorjudge
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Q: Will this letter from the dealership satisfy the court and Suntrust?

A: Ask the court and Suntrust.
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