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04-12-2017 03:25 PM
04-13-2017 07:28 AM - edited 04-13-2017 07:30 AM
Assuming you are not a serial filer, here is the time line. . .
1. The automatic stay relating to personal property remains in place as provided for under 11 USC 362. Unless the lender gets a court order lifting the stay prior to the stay ending automatically, the following applies:
362(c) states that the stay against such property ends when the property is no longer property of the estate unless the provision of 362(h) applies.
Generally, property is no longer property of the estate once it is abandoned by the Trustee. Abandonment happens either by Motion of the Trustee or upon closing of the case, whichever happens 1st. It also happens if the lender files a Motion for Relief and the Motion is granted. The entry of the Discharge is not relevant.
362(h) states that the stay against personal property ends if the debtor has not timely complied with the requirements of 11 USC 521(a)(2).
521(a)(2) requires the debtor to 1) file a statement of intention within 30 days after the case is filed and 2) perform under the statement of intention within 30 days after the First Meeting of Creditors (341 Meeting).
2. It is possible that by a local rule, if the Statement of Intention says "surrender", the automatic stay ends sooner than what the Bankruptcy Code provides. You would need to ask your attorney about this.
So, assuming you are not a serial filer and assuming there is no local rule changing the timing, and further assuming that you timely filed your Statement of Intention, the soonest the stay will lift is 30 days after your 341 Meeting, unless the lender files a Motion for Relief and gets a Court Order before that date.
Hope I did not confuse you too much.
04-13-2017 08:25 PM
Actually, some lenders will repo while the stay is in effect. In my case, the car, which I'd planned on reaffirming, just disapppeared. They claimed the stay had been lifted, whichj was a lie. What really happened was I satrted with a Chap 13, then changed to Chap 7. They put the date of the Chap 13 creditors meeting in their system, ignored the notice of change to Chap 7, and their computer "assumed" that after 45 (I think it was) days after the meeting happened the stay was automatically lifted. Which it would have been, if it had stayed a Chap 13. Soi their computer said the stay was lifted when it never was and automastivcally issued a repo order. But it had been converted to a 7 less than 30 days after original filing. I told them they'd violated the stay, told them I was going to reaffirm, and theyinsisted the stay was lifted and said the only way they'd release it was if I paid the enbtire loan plus thev repo fees. And it tuirned out there was nothing I could do, no way to get them nailed for vo.iolating the stay, which definitely had NOT ever been lifted. The jerks ended up with a car that had about $9K owed, and on which they MIGHT ever recover $1200 after repo and auction costs. Sometimes A-hpoles create their own punishment.
04-17-2017 06:18 AM
04-17-2017 09:10 PM
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