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Posted: Wed Mar 12, 2008 2:02 pm

Does anyone out there know how to go about responding to a bankruptcy creditor requesting an exemption from and automatic stay?

sunrise_flower · Posted: Thu Mar 13, 2008 2:24 am

Hey, as I can understand an automatic stay works as a shield, which protects you from becoming a subject of lawsuits, pay garnishment and collection activities once you file the bankruptcy.

Why are you requesting an exemption?? Pls clarify....

Posted: Thu Mar 13, 2008 4:12 am

SF, OP is not requesting an exemption, the creditor is.

Posted: Thu Mar 13, 2008 7:14 am

I have filed bankruptcy myself. My car creditor has requested an exemption from automatic stay. It says I have to respond to the courts in writing and I am not sure what that means. Does anyone out there know?

Posted: Thu Mar 13, 2008 7:45 am

I had an attorney when I filed my bankruptcy so they handled all that; however, I can tell you that my car creditors did the same thing. It was for the purpose of selling the vehicle while I was still in bankruptcy so they could get their money. The judge granted them the exemption and the vehicle was auctioned. I am sorry that I do not know how to answer that. Maybe you could contact a bankruptcy attorney for some advice or someone here will have some info for you.

Posted: Thu Mar 13, 2008 7:49 am

Was the debt for your car wiped out? I am thinking that these people want to do the same thing as the day I filed is the day they picked up the car and I am thinking there is a crossover here if you understand what I mean. They have the car, I just want the debt wiped out with chapter 7 as this auto was the main thing that did me in. Also is there anyone out there that can tell me how to respond to the courts on this.

Guest · Posted: Thu Mar 13, 2008 4:30 pm

I'm assuming you filed your bankruptcy on your own without an attorney, correct? If you did have an attorney, he/she would be the one answering the courts. I could be wrong, but since they already picked the car up, I'm assuming that they don't want that debt included in the chapter 7, and they still want to be paid.

Bankruptcy · Posted: Thu Mar 13, 2008 6:21 pm

After reading the papers, it says they want to be reliefed of the automatic stay not the bankruptcy and I am assuming that it is so they can sell the car. If anyone out there understands any of this please help.

Guest · Posted: Thu Mar 13, 2008 6:36 pm

I'm not understanding this either. Hope, if you are not going to reaffirm on the car then why does the car creditor want relieved from the automatic stay because they are going to sale it anyways as long as you don't reaffirm.

Posted: Fri Mar 14, 2008 9:39 am

While the automatic stay is in place the creditor cannot do anything with your account. That is why they want the stay removed.

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