At the end of our ch 13 plan we experienced hardship. The creditor for the vehicle filed a motion for relief of stay. An objection was not filed by att so the stay has been lifted. We were advised to file papers for relief from the stay order or to have the stay reinstated. We would like to keep the vehicle. We will be going to court next mth for hardship discharge or dismiss. We owe approx 4000 on the vehicle and would like to work with the co and pay. all
If you are at the end of our Chapter 13 plan, is there room to extend it to catch up on the vehicle (you cannot go beyond 60 months)? If not, then there is nothing to extend. If so, then you must file your motion and a motion for an expedited hearing to get it heard quick if the car is in danger of being repossessed. I have done these motions in as little as 3 days. Once the court rules in your favor, then the Stay is back on.
You should have counsel for this.
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The time it takes for the relief from stay to be granted depends on the court's calendar in getting to it, and most likely, that would not be the same day, but instead, probably weeks.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
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