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

Asked almost 2 years ago - 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)

  1. Mazyar Malek Hedayat

    Contributor Level 13

    4

    Lawyers agree

    Answered . 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.

  2. Karen Jackson Porter

    Pro

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.

  3. Marc Gregory Wagman

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  4. Carl H Starrett II

    Contributor Level 16

    3

    Lawyers agree

    Answered . 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.... more
  5. George John Dezenberg Jr.

    Pro

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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!

  6. Madhu Kalra

    Pro

    Contributor Level 15

    2

    Lawyers agree

    Answered . No.

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

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