Expert: Mark J. Markus- California Bankruptcy Attorney - 10/2/2006

Question
Since the meeting is n't until October 5, 2006.  The stay could not have been relieved? or would it go by when the reaffirmation WAS signed?
So, other creditors can not deny me the chance to reaffirm?it is my decision?
Thank you!
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Followup To

Question -
Istill only see the question you asked aboutwhich chapter I filled.
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Followup To

Question -
I think there is some confusion some where. The reply I received simply said, "Answer -
What chapter of bankruptcy did you file and when was it filed?"
So, I responded by saying chapter 7 was filed; but I was told I could change to chapter 11 at the bankrupcy hearing date.
Previous to that this the question was:
Question -
I have 2 secured creditors that are saying I owe them more than I do.
My lawyer says this is not for him to deal with.
Ford came to reposses the vehicle before asking for reaffirmation. I
was advised by my lawyer not to give the vehicle up. I didn't. Now a
month late PA State Trooper filed charges of obstructing justice and fraud
against me. Is this vaild? Did my attorney advise me wrong. If so what
recourse do I have?
Does my attorney have to straighten out what is owed with these
creditors?
Do creditors have to give you the chance to reaffirm?
Can the court decide to lift the automatic stay without a hearing.
Ford's attorney says they did because my attorney didn't file the necessary
paperwork with the court. However my hearing date for the stay to be
lifted was Oct.5, 2006.
I probably have more questions to ask and may develop more later on.
I will be grateful for any advice I receive.
I am in this situation because I had an accident in 2002 and wasn't
able to work until 12/04 and then with limited hours and ablities. Then I
bwas laid off in Nov. 2005 and haven't been called back or been able to
find work.
Thank you.



Answer -
There is indeed confusion on your part.  If you go back to the original question you submitted to me at http://www.allexperts.com/expert.cgi?m=11&expID=910&qID=4581404 you will see the answers.

Answer -
In a chapter 7 case, you have the option of doing one of 3 or 4 things, depending on the laws of your State.  You can either reaffirm the debt(enter into an irrevocable contract to repay the amount owed to the creditor), redeem the debt (pay the value of the vehicle in one lump sum), or surrender your vehicle with no further obligation.  If you want to reaffirm the debt, the agreement must be entered into and filed with the court before your discharge is entered.  A fourth option allowed in some jurisdictions is to just retain the vehicle and stay current with the payments on it.  This is a risky option, however, because the creditor can repossess after your bankruptcy case is over even if you are current with payments, if they want to.

Relief from Stay is a different matter and doesn't really have anything to do with your rights to redeem or reaffirm.  Technically, you must perform whatever you put on your statement of intentions within 30 or 45 days of the first date set for your meeting with the Trustee in your case.  A failure to do so can result in relief from the Stay.

In any event, it's not up to the creditor to ask for reaffirmation; it is your obligation to timely enter into such an agreement, IF that's what you want.


Answer
relief from stay has nothing to do with your trustee's meeting.  I have no idea whether the stay has been lifted as I am not privy to your case file, I have not seen whether any motions have been filed or orders entered by the Court.   It sounds to me like there is a lot more going on here than a routine Chapter 7 case, and I suggest that you contact an attorney in your area for more advice.  You are going beyond the scope of this forum.