Legal Question in Bankruptcy in Ohio

motion for relief from stay and other equitable relief from leased vehicle

My husband & I filed chapter 7 bankruptcy without counsel. We decided to ''not'' reaffirm our 2002 Dodge Durango and have since turned it over to the bank which held title. We were behind on 2 payments at this time. We received in the mail Motion of Huntington LT for relief from stay and other equitable relief on a leased vehicle re: a 2002 dodge durango. It states if we do not want the court to obtain releif that we must request a hearing. We do not understand what this motion is for. Do we want this to go through; please advise asap.


Asked on 5/19/03, 12:46 pm

2 Answers from Attorneys
D. Domanovic D. Domanovic, Atty.

Re: motion for relief from stay and other equitable relief from leased vehicle

The bank has requested "relief from automatic stay" in order to "perfect" its repossession of the car. The "relief from stay" is not asking for you to pay the debt. If you turned the car over to the bank you need do nothing further. Except maybe to remind the bank they already have the car.

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Answered on 5/19/03, 1:20 pm
Ernest Ducey Ducey & Riewaldt

Re: motion for relief from stay and other equitable relief from leased vehicle

This motion for relief from stay and abandonment simply means that they need the Trustee and the Court's permission to sell the vehicle. If you don't want it then you don't have to do anything.

Technically the Bank needs the Court to lift the Automatic Stay that went into effect on the day the bankruptcy was filed. They can not sell the Car with the stay in effect. They also need the Trustte to approve since if there were equity in the vehicle (it were worth more than they could get at the auction) then the bankruptcy Trustee would be entitled to the proceeds.

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Answered on 5/19/03, 2:04 pm


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