"Motion for relief from stay and abandonment"

[Qwerty42]

What is the name of your state? OH

Yesterday was my hearing, and today I got a letter in the mail from attorneys representing the bank where I had my non-surrendered car financed through.

I do not understand this "motion for relief" at all, but the letter states "If you do not want the court to obtain relief from stay and abandonment, you or your attorney (I dont have one) must file with the court a written request for a hearing, or if the court requires a written response, explaining your position"

What IS my position? What are they trying to do, still try to get the money for this car? Please help me.

 

[moburkes]

They want permission to come get their vehicle back.

 

[Qwerty42]

They want permission to come get their vehicle back.

So, since they've done that already, this letter isn't really anything I have to worry about?

 

[moburkes]

Whoa! They already GOT the car? Before or AFTER you filed BK?

 

[Qwerty42]

Whoa! They already GOT the car? Before or AFTER you filed BK?

I called the bank to come get the car AFTER I had filed but about a week BEFORE the hearing.

 

[Ladynred]

When you file for bankruptcy, an Automatic Stay goes into effect. This stops ALL actions, including collections, repo's and lawsuits. If a creditor wants to continue to attempt to collect or to repo a vehicle, they must ask the court for permission, which is the Relief from Stay, before they can continue their efforts.

If they came and took the car AFTER you filed but BEFORE they were granted (or even FILED) the Relief from Stay then they were in violation of the Automatic Stay -- which is why they're asking for 'permission' from the courts now. In order for them to LEGALLY take the vehicle, even though you told them you were surrendering it, they SHOULD have filed for Relief FIRST. Now they're trying to cover their butts for their illegal actions.

Not that it matters.. really. If they've already got the vehicle, then you don't need to do anything regarding their Motion for Relief. If you wanted to play hardball you could object to their motion and nail them for violating the Stay in the first place.. lol.

 

[Qwerty42]

When you file for bankruptcy, an Automatic Stay goes into effect. This stops ALL actions, including collections, repo's and lawsuits. If a creditor wants to continue to attempt to collect or to repo a vehicle, they must ask the court for permission, which is the Relief from Stay, before they can continue their efforts.

If they came and took the car AFTER you filed but BEFORE they were granted (or even FILED) the Relief from Stay then they were in violation of the Automatic Stay -- which is why they're asking for 'permission' from the courts now. In order for them to LEGALLY take the vehicle, even though you told them you were surrendering it, they SHOULD have filed for Relief FIRST. Now they're trying to cover their butts for their illegal actions.

Not that it matters.. really. If they've already got the vehicle, then you don't need to do anything regarding their Motion for Relief. If you wanted to play hardball you could object to their motion and nail them for violating the Stay in the first place.. lol.

Thanks for your help. As much fun as it would be to screw with them, I think I'll just leave it alone.