Surrendering Car in C 13-Relief from Stay Necessary?
Posted: Thu May 13, 2010 4:35 pm
The car can be surrendered -- but the Creditor should not attempt to sell the vehicle at auction unless they have an Order for Relief from Stay.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
HigginbothamLaw@aol.com
To: cdcbaa@yahoogroups.com
Sent: Thu, May 13, 2010 4:26 pm
Subject: [cdcbaa] Surrendering Car in C 13-Relief from Stay Necessary?
If debtors have indicated that they are surrendering their vehicle in the plan, does the secured lender still have to get an order granting them relief before the debtor turns the vehicle in? Can't imagine that a lender would accept a voluntary surrender post petition without a court order.
The car can be surrendered -- but the Creditor should not attempt to sell the vehicle at auction unless they have an Order for Relief from Stay.
KEITH ALAN HIGGINBOTHAM
Pedro Mayser, Office Manager
THE LAW OFFICES OF KEITH ALAN HIGGINBOTHAM
255 S. Grand Avenue, Suite #2109
Los Angeles, CA 90012-3045
Phone: 213.620.0176
Facsimile: 213.613.1200
The post was migrated from Yahoo.