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Submitted by hope99 on Wed, 03/12/2008 - 14:02
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Does anyone out there know how to go about responding to a bankruptcy creditor requesting an exemption from and automatic stay?


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....


Submitted by on Thu, 03/13/2008 - 02:24

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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?


Submitted by hope99 on Thu, 03/13/2008 - 07:14

hope99

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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.


Submitted by Sassnlucy on Thu, 03/13/2008 - 07:45

Sassnlucy

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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.


Submitted by hope99 on Thu, 03/13/2008 - 07:49

hope99

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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.


Submitted by on Thu, 03/13/2008 - 16:30

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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.


Submitted by on Thu, 03/13/2008 - 18:36

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