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    Creditor showing up at 341 meeting

    I just got word that the creditor,GMAC, thru which my vehicle is financed is going to show up at the 341 meeting. does anyone know if they are going to object to my bankruptcy? I am giving it up in bankruptcy. Does any one know if they will want my car right then or why they are showing up? I was planning on turning it in right after the meeting. If anyone knows the answer to this,please respond.

    #2
    I would assume that they would be asking for your keys, so clean out the vehicle of all your belongings. Prepare for the worst and hope for the best.

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      #3
      Okay, what I meant to say was that I am not reaffirming but I plan on keeping the car a little after the 341 meeting until I get on my feet again. I'm not officially discharged until Jan. Would GMAC be trying to establish a deal with me or get me to reaffirm at the meeting? I am 2 months behind, but I can catch up if i need to by borrowing the money. (from family, of course)

      Thanks in advance.

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        #4
        Within 45 days of the filing of the statement of intention,the debtor must perform the intention with respect to the property, unless the court extends the time for cause. 11 U.S.C. 521 (2) (b)
        I surrendered my vehicle a week after filing 'cause they said they wanted it back.I didnt want any surprises.
        Last edited by skincomplicity; 10-15-2005, 01:09 AM.
        Bk filed 9/27 Pro Se
        341 11/7 DONE!
        Discharge 1/16
        Closed 1/26
        Arizona

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          #5
          Well it's a law firm, representing them, that is showing up. My lawyer said not to worry about the statement of intention, he's dealing with that, and he knows I was going to just keep the vehicle without reaffirming. But if Im not up to date at the 341 meeting, can I ask them to give me a month at least? or I will surrender by the end of the month? becauise I have no other means of getting to work or back home. can they file a motion to lift the stay at the meeting? does anyone know about this?

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            #6
            I think that you could make arrangements to have the vehicle surrendered. If the venicle isn't there they can't take it. You could call GMAC, because they aren't supposed to contact you.
            I don't GMAC can object unless there is good reason such as fraud on obtaining the vehicle etc. Talk to our attorney.
            I'll be watching, you may never know when or how, but I'll be there. I am there now....

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              #7
              They would have to file a motion to lift the stay, and a hearing would need to be set for that. They can't take your keys at the 341.

              They're probably attending to find out what your intentions are, and to try & get you to reaffirm. If you do reaffirm, you would have 60 days to change your mind. If you're certain you'll surrender it at some point, do not pay anything to catch it up. That is $$ that could go into buying a used car. (Or whatever you're working on for transportation.)
              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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