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Cars and Chapter 7

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    Cars and Chapter 7

    I have two vehicle loans and I know I can't afford to keep the 2002 Toyota loan in BK. However, we do not have another car just yet.

    I haven't paid the payments since August 2003. I keep waiting for them to come get it, or call or write, and they have not. It shows on my reports as a $20K charge off. We did try once to deal with them (maybe a year ago) and get a few payments deferred, and we haven't heard from them since. They did once call my grandmother's boyfriend's mother looking for me, but that's it. My address is on my report, and they could come get it.

    If I file BK this week, is it legal for me to hold on to the car until they start demanding reaffirm or repo? Or should I go turn it in now? Can they legally come hunt down the car once they get notice of my filing? In other words, do I have some time to keep having this car?
    Last edited by StephPoet; 05-01-2005, 09:47 AM.

    #2
    Once you file the BK, they cannot come get your car without first getting permission from the court.

    If your intention is to surrender the car, you indicate so on your paperwork (Statement of Intentions) and whoever their representative is will work out the details of when and where with you.

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