No Relief from Stay

[Kenrob60]

What is the name of your state? Florida

My Chptr 7 was just discharged on July 16th. I surrendered a truck in my bankruptcy. The dealership that sold me the truck never filed a motion to relieve from stay. The only thing that actually ever happened was that their guy showed up at my meeting of creditors and tried to get me to pay prior to going before the judge!! He made an extremely quick escape when I asked very loudly; "are you attempting to collect a debt in Federal Bankruptcy court?" It was pretty funny to see him run.

Anyway, they never filed any paperwork to get the truck back. On about July 23rd he called me and left a message demanding I call him to make arrangements to pay off the truck or make up the payments since I filed (I was never late on any payments).

I am under the impression that since they have never filed any legal paperwork that seems to be required to get the vehicle back, that the vehicle will now actually come back to me. Do you know if this is the case. I searched through a lot of bankruptcy code, but I haven't been able to find anything about that. Something in title 11 looks promising, but I'm just not to sure.

I still have possession of the truck. And I'm aware that they have 30 days from the date of discharge to file anything. There is only about 2 weeks left so I'm hoping I get to keep my truck.

Thanks,
Ken

 

[joshuaadvant]

You only get to keep the truck if you keep paying for it. If you "gave it up" during bankruptcy then they can't come after you for any difference in the value after repossession.

 

[Kenrob60]

Don't they have to file some type of paperwork (ie:motion to relieve from stay) in order to take the truck?

 

[joshuaadvant]

I'm not an attorney, but I believe that once the bk is discharged there is not a need for a relief from stay because the stay should be over. They would need a relief from stay in order to repossess during the time the bk was in process.