No notice received

[Galsal]

I'm in FL, Spouse filed BK in MI.

Spouse filed Ch13 without my knowledge. Some how, there was a Relief from Automatic Stay Order entered against me, agreed to by Spouse and Creditor regarding the auto I have with me. No notice was ever provided. Heck, for that matter, I've never officially received a copy of the dang Order! Some thing seems rotten in Denmark about all of this, since Spouse did have an address for me, as well as a phone number. Creditor knew where the vehicle was as well.

Any suggestions? Obviously I do owe on the debt, that's not a question. My issue is with the legality and technicality of how things were processed.

Thanks,
Sal

 

[BeenAround]

If you get a PACER account, you can read the history of events leading up to this incident, and also read all the relevant court documents. I'm sure it will contain information that will help answer your questions.

 

[Ladynred]

Spouse filed Ch13 without my knowledge.

He doesn't need your permission - or your knowledge. However, if you are a co-debtor on any of the debts, it is required that that info be on the petition AND that you be notified of the filing.

Some how, there was a Relief from Automatic Stay Order entered against me,

Against YOU ?? I don't think so. A Motion for Relief from Stay is filed BY A CREDITOR so that they can continue with some collection action - usually a forclosure on a home or the repo of a vehicle. Since you mention the vehicle, I assume the bank wants to repo the car. The Motion for Relief is NOT against you.

 

[AttorneyOney]

The Motion for Relief is NOT against you.

Actually, it is, sort of. In a chapter 13 case, there is a "codebtor stay" that prevents attempts to collect a debt from someone who is a co-signer except in certain circumstances. The codebtor needs notice, since she has a right to object.

 

[Ladynred]

Thanks Walter !

 

[Galsal]

Thank you

Thanks for the response. It positively frosts me how things were done this way. Consulting with an attorney 11/28 re: divorce from this person and this will be the first issue brought up. Whether it was he himself or the attorney who did this, I don't really care if or who gets in hot water. Lack of notice goes against just about everything in the judicial system.

Sal