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Can I file a motion now to lift the stay for the car or wait until after the Ch 13 meeting.

Schaumburg, IL |

Can I file a motion now to lift the stay for the car or wait until after the Ch 13 meeting of creditors is over. Will I violate bankruptcy court order if do this motion before the Ch 13 meeting of creditors take place?


Thank you.

Attorney Answers 6

Posted

No.

Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012 http://www.thekalrafirm.com

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Asker

Posted

Do you mean to say that I have to wait until Chapter 13 plan is reaffirmed at the meeting of creditors? Thank you.

Diane L Gruber

Diane L Gruber

Posted

The Ch.13 Plan will not be approved/unapproved at the 341 hearing. It is "approved" by the judge at the Confirmation hearing which is about a month later. You really do need an attorney to walk you through this.

Posted

Filing a motion to lift or modify the stay is not a violation of the stay. You can file the motion any time you wish, but you should consult an attorney on whether or not you have legal grounds to file the motion.

First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy. We also do other stuff and we do it well, but Congress wants me to post this notice. Second, nothing on this site is legal advice. You are not my client unless you enter into a written agreement signed by you and me.

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Posted

You ask if you must wait until after the Meeting of Creditors to file a Motion to Lift Stay with respect to the Debtor's vehicle. The short answer is "No, you don't have to wait."

The longer answer will involve finding out what your position is vis-a-vis the Debtor. Presumably you are a creditor: the financier of the Debtor's car for instance. Or perhaps you were the seller of the car and took back a note.

Whatever your position, I recommend that you hire your own Attorney or you will risk violating the Automatic Stay as well as a host of other Code Sections, Bankruptcy Rules, and Local Rules, all of which are taken very seriously by the Court.

I hope this information was helpful. Feel free to contact our office to discuss your situation in more detail.

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Posted

You do not need to wait until the creditors meeting. You do need to have the proper grounds and the proper forms. You also need to determine how the car is treated in the plan and if you have an objection to confirmation of the plan.

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Posted

There would be very limited grounds for filing a motion this early in the case. Lack of insurance is one. Bad faith is another. Definitely consult with an attorney before filing such a MFR. Good Luck!

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Diane L Gruber

Diane L Gruber

Posted

Read the Ch.13 Plan to see how the car is being dealt with in the Plan. If he wants to keep it, he must make car payments during the life of the Plan.

Posted

the question isn't when you can file it. It can be filed at anytime. The question you need to know is what grounds do you have to get relief and will the motion be granted. Post why you think you need to modify the stay. A Chapter 13 will repay a car creditor you likely need to consult a lawyer on this.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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Asker

Posted

The debtor is not making car payments- this is the reason. Isn't it a good reason to do a motion to lift the stay?

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