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Anyone know how long after discharge someone will come to get car?

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  • Anyone know how long after discharge someone will come to get car?

    We were discharged on 2/3/10. We are surrendering our car. Do I need to call them or just wait for them to call me? I would really like to cancel the full coverage insurance on the vehicle since it isn't being drove anymore.
    Chapter 13 Convert to 7 ---- 10/7/09 - loss of income
    341 Meeting ----12/03/09
    Last day for objections --- 2/1/10
    Discharged ---- 02/3/10 Closed ---- 2/3/10

  • #2
    Originally posted by tedrow View Post
    We were discharged on 2/3/10. We are surrendering our car. Do I need to call them or just wait for them to call me? I would really like to cancel the full coverage insurance on the vehicle since it isn't being drove anymore.
    I was discharged at the end of last month. A couple days ago the repo man left their card on my door. I called them and they're picking it up today. So, I'd guess it would be soon (especially if it's a newer car), but some people have said it's taken a long time for them.

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    • #3
      You should expect the unexpected! The Repo man showed up at 10:30pm, had the truck all hooked up and then came and knocked on the door. Luckily they let me clean out the vehicle and then I gave them the keys and they drove it off. At this point I'm still waiting for my discharge so it came as a total surprise. Apparently they can repo it after 45 days of sending the reaffirmation letter since I didn't reaffirm the loan. My lawyer failed to mention that to me.
      Filed Ch7 12/11/09 | 341: 1/20/10 | Discharge: 3/23/10

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      • #4
        Brad, wouldn't that be a violation of the stay? I thought the bank couldn't touch a car that was to be surrendered until after discharge.

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        • #5
          According to my lawyer, they had 45 days from the day I refused the reaffirmation agreement. After the 45 days they were free to come get the vehicle. It would have been nice to know that before hand.
          Filed Ch7 12/11/09 | 341: 1/20/10 | Discharge: 3/23/10

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          • #6
            In our situation, we didn't reaffirm. According to the paralegal when we went over our paperwork prior to signing she said that we would have it for at least another 3 months (1 month until the 341 and then 2 months till the discharge).
            I think I'll shoot them an email for clarification.
            We're prepared with a beater car that's been sitting in the driveway kind of waiting to take over for the other car, but obviously it would be nice to hold on to the other one for as long as possible.

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            • #7
              It would be a courtesy to call your bank and ask them to pick up the unit or suggest that you would drive it to wherever they wished you to (within local area). Be sure to get a receipt and take pictures of the care just for protection.

              Keep the insurance on it as long as practical. 'Hub
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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              • #8
                Once we were discharged, we received a call from the credit union and they asked if we would be signing the re-affirmation agreement. I told them that I could not longer afford the $700 a month payments and they couldn't change the terms. They were very nice and arranged a date and time after work to come pick up the car or they said we could meet in a parking lot if I didn't want the neighbors to see it towed away. Once the discharge is done, everyone wants to button everything up. Expect calls.

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                • #9
                  Just an update:

                  They never called to come get the car. So I finally called them to ask when they were going to come get it....because I wanted to drop the insurance and I needed the parking spot. They had not even started the papers to have it picked up. The rep had to get approval from his sup to start repo papers. The repo company called me about 3-4 days later and asked when and what time frame I wanted them to come get it. They finally came to get it on 4/2....which was 2 months after my discharge. The rep told me that we would have probably had the car for another 2 months before they were going to start the papers. The funny thing is had we not already bought another car and were needing that one they would have probably been here the day after our discharge. But since we had bought another car and it was in our way they were taking their time to come get it.
                  Chapter 13 Convert to 7 ---- 10/7/09 - loss of income
                  341 Meeting ----12/03/09
                  Last day for objections --- 2/1/10
                  Discharged ---- 02/3/10 Closed ---- 2/3/10

                  Comment


                  • #10
                    Originally posted by tedrow View Post
                    Just an update:

                    The funny thing is had we not already bought another car and were needing that one they would have probably been here the day after our discharge. But since we had bought another car and it was in our way they were taking their time to come get it.

                    Exactly! Isn't that how things work?!LOL You had to beg them to get the car. Well, my 341 meeting is scheduled 05/05/10 and I'm planning to surrender a 9 year old Jeep Grand Cherokee thats driveable, but needs a new transmission. I wonder are they typically faster with picking up new cars or what? I mean, I see that lots of people surrender vehicles that are only 2 years old with low mileage and everything. I wonder if that makes a difference with how fast they move. It's hard to figure out how it will work with the surrender. My legal assistant said that they can come pick up the car anytime after you file, but that they typically wait at least until after the 341 meeting. Is this true that they can pick up before the 341 meeting? From what I've read on here, it contradicts what the LA said. He also said that the lender, Wells Fargo isn't required to give me any notice either. Which contradicts the Relief of Stay application everyone on here has been mentioning. He told me to make sure I leave nothing in it after the 341 meeting. He also said they could ask me at the 341 meeting when I would be handing it over. I don't have an extra vehicle/clunker so it would be more helpful if I had an idea. I live in Nashville, Tennessee. There are Wells-Fargo offices in Nashville.
                    Filed Ch.13 August 2008,
                    Converted to Ch.7 03/31/10, 341 Meeting 05/05/2010, Discharged 07/16/2010

                    Comment


                    • #11
                      Originally posted by tedrow View Post
                      We were discharged on 2/3/10. We are surrendering our car. Do I need to call them or just wait for them to call me? I would really like to cancel the full coverage insurance on the vehicle since it isn't being drove anymore.

                      What year was the vehicle and was it in good condition?
                      Filed Ch.13 August 2008,
                      Converted to Ch.7 03/31/10, 341 Meeting 05/05/2010, Discharged 07/16/2010

                      Comment


                      • #12
                        It was an 2004 and was in good condition only had 60,000 miles on it.
                        Chapter 13 Convert to 7 ---- 10/7/09 - loss of income
                        341 Meeting ----12/03/09
                        Last day for objections --- 2/1/10
                        Discharged ---- 02/3/10 Closed ---- 2/3/10

                        Comment


                        • #13
                          Surrendering car after discharge

                          Our bk7 was discharged in 11/09. We did NOT reaffirm our 2 vehicles, but still pay the loans every month. Went to try and buy another car with one as a trade-in, but have minus 9000 equity in it, so the loan would be outrageous. My question is....can I still surrender the vehicle after still paying on the loan for 6 months?

                          Comment


                          • #14
                            Originally posted by redquartz View Post
                            Our bk7 was discharged in 11/09. We did NOT reaffirm our 2 vehicles, but still pay the loans every month. Went to try and buy another car with one as a trade-in, but have minus 9000 equity in it, so the loan would be outrageous. My question is....can I still surrender the vehicle after still paying on the loan for 6 months?
                            Yes, you can surrender a vehicle that you didn't reaffirm, even after paying on the loan for 6 months. That's the advantage of doing "retain and pay" as opposed to reaffirming.
                            Filed Chapter 7 July 2010
                            Attended 341 September 2010
                            Discharged November 2010 Closed November 2010

                            Comment


                            • #15
                              After BK is finalized, will a repo change to BK on the credit report?
                              Filed: 4/30/2010; 341: 6/7/2010; Discharged: 8/11/2010; Closed: 8/16/2010

                              Comment

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