Legal Question in Bankruptcy in Nevada

motion to stay

i could not afford my payments on a car i gotten after my bankruptcy.they are filing a motion to stay will that affect my bankruptcy


Asked on 6/24/09, 2:17 pm

2 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: motion to stay

If you have a bankruptcy attorney, he should be able to work out a deal that at least will let you drive it longer. If you can't afford, you will lose it in three months at the latest.

The only effect is that you won't have to pay the car.

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Answered on 6/24/09, 2:25 pm

Motion to lift stay on car

Your question doesn't make sense. If you got the car AFTER you filed bankruptcy, then it wouldn't be necessary for the lender to ASK the Court to lift the bankruptcy stay (to remove the protection of the court) because Bankruptcy protection only affects debts made before the bankruptcy was filed. It doesn't protect you for debts made AFTERWARDS.

Jeff is right in suggesting that you contact your bankruptcy attorney for help to either get more time to keep the vehicle or to get caught up on payments. Another option might be to try and obtain financing in order to redeem the vehicle for the fair market value. Again, your bankruptcy attorney will have this information.

For those of you reading this answer who are considering bankruptcy, if keeping your vehicle is important to you, be sure you discuss this issue with your bankruptcy attorney in before you hire him/her. Some will have lots of suggestions on how to solve these problems, others won't.

This is a lousy time to be taking the bus to get to work!

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Answered on 6/24/09, 4:24 pm


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