I’m hoping someone familiar with Chapter 7 can clarify this. My 341 is next week.
I’m voluntarily surrendering my financed vehicle. A recovery company contacted me and wants to pick it up, but when I checked my PACER docket, I don’t see any motion for relief from the automatic stay or an order granting relief.
Today is Saturday, so my bankruptcy attorney’s office is closed, and the recovery company wants to pick up the vehicle before I can speak with them on Monday.
Some people are telling me the lender can’t take the car without first getting relief from the stay. Others are saying that if the surrender is voluntary, they may not need a court order.
Which is correct? Is a motion for relief from the stay required before a lender can pick up a vehicle that’s being voluntarily surrendered?
submitted by /u/fuameek
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