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How long does it take to reinstate a motion to stay on a vehicle in a ch 13 case? Is it the same day the paperwork is completed

Owensboro, KY |

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

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Attorney answers 2

Best Answer

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.

Mr. Goldstein is a Virginia-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Mitchell Goldstein or the Goldstein Law Group does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.



My att told me that it could not be expedited, they file the motion and have to wait to hear from the courts. I feel I have an incompetent att., but at this point it would take longer and more money to hire a new one. I'm trying very hard. to work with her.


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.