statement of intent question

[freshstart06]

okay, I finally told my the finance company that hold the loan for my van that they can come and get because the van does not really run. I did not reaffirm the loan and included it in my BK, however, on the statement of intend I stated I would keep paying on the car.

They came and got the car today, they did not even file relief of stay, I am not sure if they had to if we surrender the car but I thojght they did. DO I amend my schedules to state I surrendered the car or just leave everything alone since I already been declared no asset/distribution case. I have one of those BK replacement car loan, the no down payment loan so they can't say I have disposable income. I think the trustee already knows about it because they call the courts, to verify your BK status.

Thanks again for the advice, can't get in touch with paralegal, I think she is out of town for extended vacation or something.

[JRScott]

I believe they do have to still file a stay. However they probably will do that soon enough, I think there was another person that got theirs taken before the order to lift stay was issued. I believe we all advised them to not worry about it since they had planned to surrender it anyway. You might look on PACER this coming week and see if it appears.

[freshstart06]

They told me they are not even going to bother because I am almost discharged. I am okay with that, I was just wondering if I need to update the schedules and state I gave up the car. I did not reaffirm it but on the statement of intent i stated I would continue the payments but of instead I replaced it with another car.

[JRScott]

As long as you didn't sign a reaffirmation it should be good

[freshstart06]

no, I did not sign one nor did they ask me too. I just do not want to touch my schedules now that I have "awaiting closing" on my file. However, my husband left out a creditor so I am going to make sure I did not leave anyone out before I add his creditor and pay another $26 dollars.