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  1. #1
    Acenation is offline Junior Member
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    I am confused about a motion of relief of stay file aginst me

    What is the name of your state? Arizona

    I filed my BK on 12/15/04. I received a letter dated June 23, 2005 stating "it is ordered: the debtor is granted a discharge under section 727 of title 11, usc and it states that the BK judges name.
    I recently recieve documents from a auto creditors attorney. It is a motion for relief from automatic stay and it is dated june 29, 2005 with is the day they filed it.
    Can they do this after my discharge?
    The papers stated that I have 15 days to file a written objection opposing the motion. I now only have until this thursday 7/14. How do I do this? I don't have any money to pay any filing fees and I don't know how to go about writting an objection and even what type of form to use. Can someone Please help me out and advise me. I am very nervous now.

    Thank you so much
  2. #2
    bigun is offline Senior Member
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    If you're not current on that auto loan, they can file for relief and begin repo proceedings. If you want to keep that car, you need to make payment arrangements.
  3. #3
    Acenation is offline Junior Member
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    I am confused about a motion of relief of stay file aginst me

    Thank you for responding.

    I situation is that I haave already voluntaraly given them the car back after filing my BK.

    I no longer have it.

    Are they still able to do this?
  4. #4
    bigun is offline Senior Member
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    I see. Don't sweat it since the car was included in the bk they may just have to go through the motions in order to resell it.
  5. #5
    Acenation is offline Junior Member
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    Does anyone else have an opinon? I am close to the deadline to file an objection.
  6. #6
    Ladynred is offline Senior Member
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    Sorry, but how can they ask for Relief from the Stay when the case has already been DISCHARGED ??? If you gave the car back, then they haven't a leg to stand on, they missed the boat entirely. You are now protected by the PERMANENT INJUNCTION of your discharge, they can't do squat to collect anything.
  7. #7
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    Ladynred is correct. They could have filed to maintain their interest prior to the discharge. But, at this point, they are simply legless.
  8. #8
    Ladynred is offline Senior Member
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    Thanks JusticeSeeker, glad to know that you agree

    Question though, since the discharge has been granted, would the motion for Relief be ignored or does the OP still have to file some kind of response ??
  9. #9
    Join Date
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    Lady, considering the date, the 15th, no she does not need to file a response. Post discharge there are a few debts that must still be repaid such as child support or those debts that were reaffirmed. However, this seems to be one of two scenarios. A creditor that is trying ton convince the OP of a need to repay a discharged debt or a creditor that is not familiar with procedure and messed up along the lines. I think the latter of the two is more likely the case. Based on that, I would submit that she need not file anything. Although, she should have contacted her attorney when she got the motion. (I would have mentioned that in my discharge letter, but anyway.) At this point I would not worry about it. That answer your question?
  10. #10
    Ladynred is offline Senior Member
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    Yes, thank you

    Kinda what I figured, but thought I'd ask a pro
  11. #11
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    Pro eh? I am rather new to the BK scene. But with the rush to file these days I jumped in the rapids feet first.
  12. #12
    Ladynred is offline Senior Member
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    I'll say, and I imagine those rapids are running pretty fast and deep these days.
    Yes, you're a pro.. you ARE an attorney, even if you're not all that seasoned on bankruptcy

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