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    Surrendering a vehicle

    I live in Texas & I will be filing my chapter 13 soon. I have had my initial consult & am now filling out all the required paperwork. I am supposed tp pay the attorney/filing fee tomorrow & an appointment has been set up for 8/24 to meet with the attorney & bring all that paperwork at that time. I'm not sure how long it will take him to file after that, but I assume he will file within a few days of that hopefully.
    I have (2) vehicles, one of which I will be surrendering. The attorney's office says I can go ahead & do that now. Can someone who has been through this tell me what the approx. time-frame will be from the time I surrender the car until they can get an actual judgement. I'm just trying to make sure that the timing is on my side & that I won't be sued & have my bank attached before my actual 13 filing which would probably be about 2 weeks from now. I wouldn't think the creditor could do all that that quick, but I just wanted to make sure.

    Ken

    #2
    Originally posted by hearr View Post
    I live in Texas & I will be filing my chapter 13 soon. I have had my initial consult & am now filling out all the required paperwork. I am supposed tp pay the attorney/filing fee tomorrow & an appointment has been set up for 8/24 to meet with the attorney & bring all that paperwork at that time. I'm not sure how long it will take him to file after that, but I assume he will file within a few days of that hopefully.
    I have (2) vehicles, one of which I will be surrendering. The attorney's office says I can go ahead & do that now. Can someone who has been through this tell me what the approx. time-frame will be from the time I surrender the car until they can get an actual judgement. I'm just trying to make sure that the timing is on my side & that I won't be sued & have my bank attached before my actual 13 filing which would probably be about 2 weeks from now. I wouldn't think the creditor could do all that that quick, but I just wanted to make sure.

    Ken
    Anyone have any input on this..?

    Ken

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      #3
      Guess not.....

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        #4
        if you return the car after you file, then the finance company will have to file a motion to lift the stay in order to repo the car.

        If you take it back to the dealership and return the keys (call the car company first so they know what is coming) then that is all you have to do.

        If you are not filing for several months, then they could get a judgment but they have to sell the car and add up the storage fees etc first.

        so probably no judgment for you if you are filing right away.

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