Sacramento, CA asked in Bankruptcy for California

Q: I filed chapter 7, Pro-Se. After 341 meeting creditor filed motion to relief of stay. Was granted in his favor.

This is for a vehicle that had interest rat of 20.8% owed more then car was worth.

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3 Lawyer Answers
Stuart Nachbar
Stuart Nachbar
PREMIUM
Answered
  • Bankruptcy Lawyer
  • Livingston, NJ

A: The motion is heard 21-30 days after filing depending on when the hearing date is set. You can call the court and and ask and thr creditor has to serve a copy of the order on you.

Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: No specific question posed. However, once the Motion for Relief is granted and an order entered, it provides the creditor the ability to repossess the vehicle. You should have received a copy of the Motion that was filed and will receive a copy of the order from the Court. Unless you have the funds to try to bring the loan current, I recommend that you contact the attorney representing the creditor and make arrangements to have the vehicle repossessed so you know when that will occur. Otherwise, the vehicle could be towed at any time without warning. Be sure to remove all personal items from the vehicle. Thereafter it will be sold and you will likely receive a letter indicating the amount of the sale and any balance due on the loan. However, the loan balance is dischargeable in your chapter 7 case so do not be concerned about having to pay it.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You most likely will have to give them back the vehicle unless you can negotiate something with them.. but they most likely just want the vehicle back. Whatever you do - do NOT drive it unless you have proper insurance on the vehicle.

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