Car Surrender and taxes

[asherrem]

Hi Guys,

I have a couple questions

We filed under the old laws and were just discharged. We decided to voluntarily surrender our car which was collateral on a consolidation loan. We talked to Citifinancial today, and they refuse to pick up the vehicle. We can't drive it there because a) its a piece of crap that isn't safe to drive and b) it doesn't have plates on it because we obviously had to get a different car. They said they wouldn't "release" us unless we had it towed there--which we can't do because my husband is laid off and we don't have the money to tow and if we did have the money, I don't think I'd do that anyway ;) Anywho, what are our options?

Also, the trustee didn't mention anything about our tax return, which we really need now that my husband is laid off. We haven't had any papers sent to us, nothing mentioned at the 341...I was waiting to file until after we were discharged, but our case isn't closed yet. We were discharged as of the 19th of February. Should I wait to file them until after the case is closed, or should I just go ahead and do it?

Thanks guys

[StaciMM]

Well, if you can store it somewhere without getting fined, then do nothing. Your debt is discharged-you owe nothing more for the vehicle. It is up to them to follow thru on their lien and get the vehicle.

File your taxes whenever you're ready-if the court was interested, you'd probably know it by now. Even so, before you spend any of the refund check with your attorney if the case hasn't closed yet.

[Minnymouth]

1. CitiFinancial DOES NOT HAVE TO RELEASE YOU.... you are discharged from the debt in bankruptcy. The vehicle is legally there's now since you surrendered it..... DUH.. if they want it let them come get it.....

If it gets in your way, call them, tell them to pick it up, or in 10 days it will be towed to the junk yard at THEIR EXPENSE or you will be charging them rent for storing their property at your house...... LOL

Go ahead and file, if nothing was said about your tax refund at the 341 meeting or you did not receive a letter from the Trustee concerning it, then he's not going after it....

[asherrem]

Thanks guys

I think Citifinacial sent the cops to my house. The day after we told them to come and get it, I was awoken to two cops practically banging my door down. When I talked to them, they didn't mention Citifinancial, and actually asked why the car was parked in the yard. I told them we surrendered the car and Citifinancial refuses to get it and I'm not towing it to them. Then he said, well you need to get it out of the yard in 30 days--either tow it to Citifinancial or take it somewhere else, but it can't be in the yard--funny since I live in town and we had our van that broke down in June sitting in the yard until 3 weeks ago. The car was parked beside my garage where you couldn't see it unless you came into my yard. So...my husband parked it in the garage. The cops drove by today, parked in front of our house for a few minutes, then drove off. Coincidence? I don't think so.

I talked to a lawyer, and he said all we are obligated to do is make it available for Citifinancial--which we have. However, I don't really want to deal with the cops at my house everyday. We've never EVER done anything illegal, and I'd really hate for the neighbors to think we're criminals or something. They can't arrest us or force us to tow the car to citifinancial can they? The car is in the garage..its not like it is a rusty piece of crap sitting on blocks next to a toilet planter in my front yard ;)

Citifinancial have been dicks since I signed the loan papers 6 years ago. I'm not about to bend over backwards for them.

Thanks guys

[StaciMM]

It was more likely a neighbor, calling to complain about it being in your yard. Citif. would not know where you kept it...