[The Bankruptcy Forum] [FAQ]

[Previous Message] [Next Message]

Re: Help with stay and motion

Date: June 21, 2003 at 12:28:29
From: Elmo,
Subject: Re: Help with stay and motion


A motion for relief from stay has been filed for some reason. My guess would be one of the following:

1) This could be something the leasing company does as a matter of course when they're notified a client has filed Bk. They need to do this to reposess the car. The process, which takes a while, started before you turned the car in.

2)There were damages on the lease vehicle when you turned it in. The leasing company has to file an adversary proceeding (under Rule 9014) to go after your insurance to pay for damages.

Before they can file an adversary proceeding, they have to get a relief from stay. The relief would generally be granted if the leasing company agrees to limit the collection of the (potential) judgment to the insurance.

This is only a guess of what the notice might be about. Hope this helps.


  • View the previous message in this thread
  • Go to the top of this thread
  • View entire thread
    		•

    Posted with TalkShop version 2.74

    [Previous Message] [Next Message]



    Follow Ups:

    [The Bankruptcy Forum] [FAQ]