Legal Question in Bankruptcy in Pennsylvania
Relief from Automatic Stay
We were behind on our van. The bank has filed for a relief. We are not behind anymore and were only behind one payment. All we want is to reaffirm. How do we fight this?? We filed ourselves. We can't afford an attorney. Thanks
2 Answers from Attorneys
Re: Relief from Automatic Stay
You must file an answer to the complaint seeking relief from automatic stay. If you do not do so, the court will grant the relief without a hearing even though a date and time for a hearing is on the creditor's papers. Go to the library for court forms. This must be done within the time frame specified in the bankruptcy rules.
Re: Relief from Automatic Stay
Is this a Chapter 7? In most cases the bank wants the money, not the vehicle. Have you talked to someone at the bank to make sure they know you got caught up on payments and are willing to formally reaffirm? Make sure that you make this problem known at the 341 (creditors') meeting as well.
This is general information and is not legal advice. We would have to have an attorney-client relationship for me to give you legal advice.
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