Car Loan

Do I need to attend the hearing on the Motion for Relief from Stay?

No. You do not need to attend this hearing if you have an attorney. The court will not listen to you even if you go. If you have a reason to resist the motion, please call your attorney to discuss what actions may be taken .

Do I need to do anything about a Motion for Relief from Stay?

That depends on the answer to the following questions:

a. Are you giving up the property?

If so, then you don’t need to take any action. You don’t even need to call us. Just ignore the motion altogether.

b. Are you filing for Chapter 7 bankruptcy?

What is a Motion for Relief from Stay (Automatic Stay)?

As soon as you filed for bankruptcy, the court protected you from just about all types of collection efforts. This protection is called the “automatic stay.” While the automatic stay is protecting you, secured creditors cannot repossess property that they have sold you. You already know that to keep secured property in bankruptcy you need to stay current on the secured loans. If you fall behind, the creditor can ask the court to allow it to repossess the collateral. This request is called a Motion for Relief from the Automatic Stay.

Stop Repossessions with Bankruptcy: How Your Vehicle Can Survive The “Repo Man”

In these difficult times, with thousands of people losing their jobs every month, it can be hard to keep up with all the expenses, especially when the bills keep coming. Falling behind on payments for a vehicle happens to the best of us. Sometimes life deals you adversity like an unexpected medical bill, a work related layoff or some other situation that no one plans for in the budget. You don’t have the money for it, but if you put off the car payment, you can get the bill paid, and hopefully can catch up on the car payment next month.