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JKEsq
JKEsq, Attorney
Category: Bankruptcy Law
Satisfied Customers: 10414
Experience:  Managing law firm partner
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Is it possible to speak on the phone I filed for chapter 7

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Is it possible to speak on the phone I filed for chapter 7 bankruptcy and I received a motion For relief from the automatic stay of the property known as my vehicleto that I was financing which was obviously included in the bankruptcy.
JA: What state are you in? And has anything been officially filed?
Customer: Pennsylvania
JA: Has anything been filed in civil court? If so, what?
Customer: No My chapter 7 was filed in the United States bankruptcy court for the middle district of Pennsylvania.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No other than my financial circumstances had severely changed which is why I had no choice but to file for bankruptcy

Hello I will be the attorney assisting you today. Please note this site is for general information for educational purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship. You may receive an offer from the site for a phone call that I have no control over being offered to you. This is an optional paid service

If you want a call you have to click the button to request it on your side.

Or we can chat here. What are the grounds to lift the stay?

Customer: replied 16 days ago.
This is concerning a financed a vehicle that I had that I was paying $800 a month for. My financial circumstances have changed and they're looking to lift the stay so that they can collect $33965.79

A lender who wants to take a car during a bankruptcy case must ask the court to lift the automatic stay and allow the lender to repossess your car. The lender does this by filing a “motion for relief from the automatic stay” with the court.

They arent going to be able to collect money. The money is still part of the bankruptcy to be discharged if you complete bankruptcy. Repossess it, yes, that is what a lender seeks by lifting the stay

Customer: replied 16 days ago.
I completed this bankruptcy on February 7th (court date) I just have not received my discharge which they told me would take several weeks
Customer: replied 16 days ago.
this is just basically so they can come repossess the vehicle. They're not looking for me to pay balance or the difference anything like that?

Again I cannot tell you what happened without a full review of the case. They are making a motion to lift the stay to repo the car. If you are behind on the payments from the petition date to current then they can.

The bankruptcy only discharges the debt before the petition debt. This is the same as a mortgage or condo association. You are only discharged o the debt before the peitition date, not after

Thats my best guess at least.

Yes the bankruptcy still covers the debt, just not the collateral.

Customer: replied 16 days ago.
I didn't realize they had to go all through this. I thought they would just come get the car it has been sitting in the driveway for them to pick up since the court date.

They have to make a motion for relief due to the automatic stay. They are doing it legally properly

Customer: replied 16 days ago.
Is there a need for me to answer this Relief from the automatic stay?

Not if you dont oppose it and want them to come get it, no

Customer: replied 16 days ago.
OK then I truly appreciate your help. I had lost my job twice in a year and I have 2 boys in college it has not been easy. I really appreciate your help thank you so much.

You're very welcome. Please do press the star rating to give 3-5 stars at the top right of this chat box ★★★★★ and hit submit as that is the only way this site gives me credit me for my time replying to your question. This is a rating for my level of service helping you, not whether the law agrees with you or not or the answer was not what you hoped to hear. See ww2.justanswer.com/sites/default/files/help/Untitled.gif how to rate. It costs you nothing to give a rating.

 

If the rating/starts do not appear do not worry as I will submit manually to the site later and there is no need to reply if they dont appear.

Customer: replied 16 days ago.
Will do. Thank you again.

Welcome

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