Sunday, February 12, 2012

Has anyone ever received a motion to modify the automatic stay?

i filed chapter 7 bankrupcy,,i recently financed a car. i got a letter from the finance companys lawyer ,,a motion to modify the automatic stay. i am not behind in payments,, i want to keep car. my insurance company sent a cancellation notice to finance co. i have current insr i renewed but insurance co did not tell finace co. all i need to do is fax lawyer proof of ins right?Has anyone ever received a motion to modify the automatic stay?One does not know why your finance company filed a motion for relief from stay.



Your attorney could file an objection and request for hearing and then the finance company would have to argue why it needed relief from stay before the judge.



It is NOT enough to "fax lawyer proof of ins" -- the party that filed the motion for relief would have to withdraw the motion. YOU cannot contact the finance company because it is prohibited from talking to you about a debt until it is granted relief from stay.



Try having your attorney (not you) contact the finance company to find out whether it would withdraw its motion if the attorney faxed it the proof of insurance. If the answer is yes, your attorney will do what is necessary to get them the proof of insurance and have them withdraw the motion.
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