Legal Question in Bankruptcy in Maryland

outside the plan payments of chapter 13

if a debtor in a ch13 plan that was paying a creditor outside the plan (as recorded to be outside the plan)and stops paying, does a motion to lift the stay have to be filed or can the creditor take action such as repossession of an automobile without filing the lift stay? the debtor had also removed a ''starter interrupt'' device without consent from the finance company (dis-allows a car to start if payments are not made, debtor signs waiver at time of sale about this)and was unaware of this until notified.


Asked on 2/08/05, 9:47 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: outside the plan payments of chapter 13

Yes - stay relief is required unless the plan states that it is not.

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Answered on 2/08/05, 10:33 am


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