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Hi everybody,
I purchased a used vehicle from a buy here, pay here place in May/June. Roughly 2-3 weeks later, after going through the process of having to settle with that vehicle, I filed chapter 7.
Talked to my attorney today, the 341 meeting is scheduled tomorrow. My plan is to surrender the car just purchased as I'd be in the same boat as now and was told that the lender filed a motion of relief from the automatic stay.
While I wait for my attorneys to get back to me, I figured I'd come here and see what others had to say if they've been in this same predicament. My concern is that I have a stable job (10+ years in my current position), a single parent of 3 and living in an area where I have no immediate family (I have a few local ex in laws but it's a touchy situation in itself). What are the odds of the judge granting this motion instead of leaving the stay in place until this is discharged?
My major concern is I won't have a vehicle to get me to/from work, nor will I be able to get financing because the bankruptcy isn't fully discharged.
Any advice on this would be greatly appreciated.
Thank you!
If you didn't reaffirm and you checked "surrender" on the Statement of Financial Intentions, then you must take actions to allow that to happen.
Some creditors will file an RFS when they understand your intentions are to surrender the vehicle. Also, certain districts automatically disolve the stay for things that you intend on surrending so it may not even apply. Most lenders will wait for the stay to dissolve at discharge as to not violate the stay.
Best bet is to talk to your attorney as he/she would know/understand the district better.