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When did they come get your car?

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  • When did they come get your car?

    How long after filing bk and stating that you were going to "return" the car did your creditor (in our case a credit union) take to come and get your car? We're only 2 weeks post-filing, but I heard they have to wait 60 days, and then I read they have to wait 45 days, and I need to make sure I dont' wake up one day with a car gone. I want to be prepared...
    --------------------------------------------
    As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

  • #2
    If they don't file a motion to lift stay and you surrendered the car in the BK, then they can't repo it in no less than 45 days. But that does not mean they are coming on day 46. It could still be days or weeks every and I mean every lender is different.

    Make sure you clean the car out, so if they take it in the night you won't have to track it down to get your crap back. Also, if you do stop driving the car before they pick it up, then pull your plates.

    Good luck
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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    • #3
      Why pull the plates? Do I have to do something with them?
      --------------------------------------------
      As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

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      • #4
        Because they are YOUR plates... heck you might even have a plate credit now!

        I filed Ch 7 pro se on Thursday and notified my lender that same day... I haven't heard from them since! (They used to call 6-7 times a day).

        I'm also curious at how "fast" they'll pick up their car...I'll keep you guys updated.

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        • #5
          we..didn't wait....

          we had a PERFECT relationship with our credit union for over 30 years...so we called them and said we are surrendering the car.....they said WHAT??? we don't sell cars so we have no place to put the car...we need to call our atty as we have never had ANYONE...bring the car back to us...LOL!!!

          ok....they found a place for us to bring it.....i have all the correspondence for the surrender in email and then i wrote a contract of receipt...( it was my handy paralegal skills which were helpful there)...with a check list for the receiving party..........

          we drove the car in........we had the credit union rep....check off the list of the conditioned recieved....had them initial each line item...and then a receipt of transfer........took TONS of pictures on the LOT....included was the sign of the company name of the lot......just to protect ourselves.

          TAKE THE PLATES ...they are registered to YOU!!! in your name...make certain you call your car insurance company and cancel your auto insurance immediately!!!

          now...it will still go on your credit report as a repo.......however, so what....at this point it's looks nice with the bk....LOL!!!!!!

          *****************GET A RECEIPT*********************

          you will have your "peace" soon...
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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          • #6
            @tobee43- a bit of an overkill, once you file BK then your liability to the car is gone. Even if they scratch it after they take it, not your problem. A couple of photos fine, but save your time for more fruitful things like watching Archer on FX.

            Also they can't put a repo on you after filing BK, violation of auto stay. Can only say "IIB" on credit report

            Good luck
            Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

            Comment


            • #7
              Originally posted by BKParalegal View Post
              @tobee43- a bit of an overkill, once you file BK then your liability to the car is gone. Even if they scratch it after they take it, not your problem. A couple of photos fine, but save your time for more fruitful things like watching Archer on FX.

              Also they can't put a repo on you after filing BK, violation of auto stay. Can only say "IIB" on credit report

              Good luck
              well....i LOVE overkill........especially when it comes to protecting ones position....(we surrendered ours prior to our filing...)

              i have seen enough go wrong in a court room with all the laws that money can't buy....lose....

              and i have seen a repo on a credit report after a surrender.......LOL!! come on BK.....how many times you seen any creditor violate the auto stay...LOL!!!

              ps but then i was a paralegal in nj....so that should tell you the entire story.
              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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              • #8
                If I no there going to take it,Id deliver it there after hours lock it up take a pic of that and put keys and paperwork in there drop box thats what Id do..Its really none of your neighbors business noing whats going on!!!

                Comment


                • #9
                  I've been told that our credit union is like a vulture when it comes to repos. The lawyer said they will be on our doorstep the first chance they get. So, I want to make sure that I am ready. I will pull the plates and call them on day 44 to find a place to drop off the car. I'm SOOOO not looking forward to only having one car from day 45 to discharge. UGH!
                  --------------------------------------------
                  As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

                  Comment


                  • #10
                    Originally posted by rustymich View Post
                    If I no there going to take it,Id deliver it there after hours lock it up take a pic of that and put keys and paperwork in there drop box thats what Id do..Its really none of your neighbors business noing whats going on!!!
                    that's exactly why we dropped it off...i didn't need the entire neighborhood checking out the tow truck....our only problem was we didn't have any place to "drop" it off...special arrangements needed to be made with our credit union for drop off....i still felt better having a receipt that it was rec'd in perfect condition..(that way they couldn't say i brought in full of damage..) and even tho it gets written off during a bk after you have surrendered or it was repo...who needs the extra problems to deal me...so too me, it's just easier to be safer than sorrier...
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                    • #11
                      Just a FYI

                      Plates don't belong to a person they belong to a vehicle; you just pay to use them. You pay plate fees to tie that plate to a vehicle that is then registered to a person, example if you parked your vehicle at a meter and the time runs out; if you are ticketed you will see that the ticket is made out to the plate number not to the person registered to the car.

                      Another example, if you lease a vehicle you will not receive a title and your registration will have something like the following: Gold Key Lease (or insert lease finance company's name) (second line) C/O John Doe - followed by your address bah, bah, bah - which is why in some states you can't lease vehicles, the leasing company is the "owner" of the vehicle hence they are response for the "actions" of the drivers.

                      My first "real" car was a lease via GKL it was a 97 Sirius (I think I spelled that right) my b-day is 10/7 on 10/10 I was pulled over by a female police officer who asked for the standard, her second question was "who owns this vehicle?" I said it's a lease, she ran my plate because of the tab - I didn't have a chance to renew my tabs before my B-day - because the plate didn't come up with a "owner" name she pulled me over. She let me go, because I was only 3 days pass my b-day - the only reason she pulled me over was because my plate didn't have a "name" to it.

                      The only way to "own" a plate is to have clean title - don't forget your finance company has a secured interest in that vehicle, including the plate. The first sentence on my finance contract is the following: You give US a security interest in: 1) The Vehicle and all parts or goods installed in it. (that includes the license plate).

                      I did F&I - if you financed the cost of your plate and or car, if you leased the vehicle you don't "own" that plate... now that been said... 9.75 of 10 finance companies could get a pooh of what happens to that plate and they rarely "fight" the transfer from one vehicle to another because we all know vehicle registration and renewal of plate tabs is high state revenue - the more new registrations, renewals and transfers the more funds to the state. Finance companies don't want the plates, the state NEEDS the revenue, and the states give them tax breaks to do business in the state, bah, bah, bah so they don't fight the transfer.

                      So if you finance or lease a vehicle don't fool yourself - you don't own that plate - think of it as a lease-to-own.
                      Filed Pro Se: 11.12.2010 ~ 341: 1.12.2011 ~ Discharged: 3.9.2011 ~ Officially an Asset Case: 3.30.2011 ~ Last Day to File Asset Claim: 6.28.2011 ~ Trustee Final Report: 8.1.2011 ~ Asset Distribution: 8.31.2011 ~ Case Close: 11.15.2011

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                      • #12
                        i know this is a stupid question but im new to this so please bare with me. I am filing next week and i am reaffirming both cars i have. One is worth 16k and i owe 17k on it. the other one is worth 16k and i owe 15k on it. I get to keep both of these cars because i am reaffirming them - right???? If i have to worry about them coming to get my cars then i might 2nd guess filing. Please help me understand this better

                        Comment


                        • #13
                          jman: I *believe* that as long as you reaffirm them, you will be fine. HOWEVER, I am not an expert by ANY means, and I'm sure someone who actually knows what he/she is talking about will chime in.

                          Desdemona: Thank you so much for that very thorough explanation!
                          --------------------------------------------
                          As you simplify your life, the laws of the universe will be simpler; solitude will not be solitude, poverty will not be poverty, nor weakness weakness. ~Henry David Thoreau

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