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When are the coming for my car?

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  • When are the coming for my car?

    I have a 2008 Nissan Maxima. In my original Chapter 13 plan, filed last October, I indicated I planned to keep it. I knew it was unlikely I would. But I did not want the Trustee treating the payment I would no longer be making to Nissan as another $425 that could be used to pay into my plan.

    I converted to a Chapter 7 in January. Since I had not made any payments on the Nissan, they filed a motion seeking relief from the stay in January and an order granting relief was signed in late January.

    I was discharged last month. I never signed an affirmation agreemetn and have not made a payment on my car since last summer.

    I still have my Nissan. No one has contacted me. My lawyer says, just use the car until they contact me and warned me they may repo it when I am not expecting it.

    Has anyone had this kind of delay? I am not complaining. It just seems strange that they are being so passive about their car.

  • #2
    Originally posted by corrin69 View Post
    I have a 2008 Nissan Maxima. In my original Chapter 13 plan, filed last October, I indicated I planned to keep it. I knew it was unlikely I would. But I did not want the Trustee treating the payment I would no longer be making to Nissan as another $425 that could be used to pay into my plan.

    I converted to a Chapter 7 in January. Since I had not made any payments on the Nissan, they filed a motion seeking relief from the stay in January and an order granting relief was signed in late January.

    I was discharged last month. I never signed an affirmation agreemetn and have not made a payment on my car since last summer.

    I still have my Nissan. No one has contacted me. My lawyer says, just use the car until they contact me and warned me they may repo it when I am not expecting it.

    Has anyone had this kind of delay? I am not complaining. It just seems strange that they are being so passive about their car.
    Nissan may not want it or they're just busy...I was three months behind on a motorcycle that got just got repoed!!! Shame..filing next week...

    I guess what the gurus here may tell you is use it as long as you can...just don't leave anything in there you don't want to lose!

    Comment


    • #3
      Okay. Now my lease is officially over. And still no contact from Nissan.

      Comment


      • #4
        I have something similar. I filed chapter 7 in November of 2009, FINALLY was discharged March of 2011. I have a 2008 chevy pickup that the bank was trying to repossess before I filed. But they stopped trying after i gave them the case number...I originally indicated I wanted to reaffirm, but realized I probably couldn't do it..

        I have not made a payment on that truck in almost two years. Have heard nothing..... THey could have picked it up Jan 2010.... Thinking they forgot it?

        Comment


        • #5
          Sammy, I am shocked. Does anyone know why this would happen? I cannot imagine it is very difficult to get someone to repo a car. I doubt they forgot about it. They had to file a motion to get out from underneath the stay. How could it then fall off their radar?

          Comment


          • #6
            I filed Ch7 in January and indicated that I would reaffirm my auto. I haven't made a payment since 11/2010. I did not reaffirm it and was discharged 4/12. I've been trying to get NFCU to pick the car up ever since, but I guess they are waiting for the title. i just want them to get it out of my driveway!

            Comment


            • #7
              Not sure what they are doing, they never even filed to lift the stay. I'm just going to drive it till the wheels fall off, but I fully expect them to show up on my doorstep one day soon......If they dont.....so be it.

              Comment


              • #8
                I'm doing the same thing Sammy. I am going to drive it as long as I have it. It costs me about $50 a month to insure it. But I am willing to pay that to avoid putting miles on my other car. One thing to keep in mind is, eventually, the car will need to be re-registered. I assume that will serve as a reminder for them that they have a car to collect.

                I guess I am just surprised that they are not more aggressive. I would think they would want it back so they can try and sell it as soon as possible. Cars depreciate rapidly. Plus, they have no idea how it is being maintained. Just surprised.

                Comment


                • #9
                  Well they came and got my car Thursday night. I got a call from Nissan around 4:00 on Thursday asking me to call them. By the time I called the number they were already closed. That night they repo'd it in the middle of the night. The only thing I had in the car was a cheap child car seat. It was an extra one I kept in there so I didn’t have to keep switching it in and out of my other car.

                  Nissan called me on Friday and asked if I would return the keys. Maximas have special keys that don't need to go into the ignition to start the car and they are pretty expensive (I remember being told when I got the car that they cost $300 each if I lost them). I told the guy from Nissan that of course I would return the keys. I asked about the car seat. He told me that I would have to contact the towing company and that there may be a fee for storage, but he wasn't sure about that.

                  He then told me that I could drop the keys off at the towing company or at the closest dealer.

                  Now, I know I screwed Nissan in my bankruptcy; I drove their car for free for an entire year. But I was a little upset the way they took the car. They could have called me and made arrangements to get the car instead of towing it in the middle of the night. I could have had things in the car that I needed. In fact, there was a car seat in the car. I don't need it. But they didn't know that when they towed. They could have at least rang my bell and gave me the opportunity to take it out.

                  So I told the guy that I was not going to drop off the keys but that someone could come pick up the keys as long as it was during normal business hours and they made an appointment in advance. I also told him that there would be a storage fee for the keys. He then told me to keep the keys. Farewell Nissan.

                  Comment


                  • #10
                    Originally posted by corrin69 View Post
                    Well they came and got my car Thursday night. I got a call from Nissan around 4:00 on Thursday asking me to call them. By the time I called the number they were already closed. That night they repo'd it in the middle of the night. The only thing I had in the car was a cheap child car seat. It was an extra one I kept in there so I didn’t have to keep switching it in and out of my other car.

                    Nissan called me on Friday and asked if I would return the keys. Maximas have special keys that don't need to go into the ignition to start the car and they are pretty expensive (I remember being told when I got the car that they cost $300 each if I lost them). I told the guy from Nissan that of course I would return the keys. I asked about the car seat. He told me that I would have to contact the towing company and that there may be a fee for storage, but he wasn't sure about that.

                    He then told me that I could drop the keys off at the towing company or at the closest dealer.

                    Now, I know I screwed Nissan in my bankruptcy; I drove their car for free for an entire year. But I was a little upset the way they took the car. They could have called me and made arrangements to get the car instead of towing it in the middle of the night. I could have had things in the car that I needed. In fact, there was a car seat in the car. I don't need it. But they didn't know that when they towed. They could have at least rang my bell and gave me the opportunity to take it out.

                    So I told the guy that I was not going to drop off the keys but that someone could come pick up the keys as long as it was during normal business hours and they made an appointment in advance. I also told him that there would be a storage fee for the keys. He then told me to keep the keys. Farewell Nissan.

                    Good for you - storage fee for key!!! Nicely done!!!

                    Comment


                    • #11
                      Originally posted by IamOld View Post
                      Good for you - storage fee for key!!! Nicely done!!!
                      The guy was pretty nice on the phone. His initial response was that Nissan had not agreed to pay storage fees. I knew he was baiting me --- I responded that I did not agree to pay storage fees either. He then started telling me how I was responsible for any costs and fees associated with a repossession in the lease agreement. I stopped him and said, "is that the lease agreement that was discharged in my bankruptcy?" That's when he told meI could keep the keys.

                      Comment


                      • #12
                        Originally posted by corrin69 View Post
                        The guy was pretty nice on the phone. His initial response was that Nissan had not agreed to pay storage fees. I knew he was baiting me --- I responded that I did not agree to pay storage fees either. He then started telling me how I was responsible for any costs and fees associated with a repossession in the lease agreement. I stopped him and said, "is that the lease agreement that was discharged in my bankruptcy?" That's when he told meI could keep the keys.
                        Amazing, because they simply will try their best to squeeze every dime out of you...

                        Comment


                        • #13
                          We included both of our cars in our BK. We originally filed a Ch 13, then later converted to Ch 7. Our case was a no asset case, and we surrendered both vehicles, a 2002 PT Cruiser with a blown engine, and a 2004 Chevy Trailblazer. We were discharged on 3/11/11, and have heard nothing from either finance company. Being tired of our "yard art", I finally called SunTrust to come get the PT Cruiser. They were really nice, and picked up the car in less than 6 hours. We still are enjoying driving our "free" Trailblazer. We're not calling the other finance company
                          Ch 13 0% unsecured Filed 04/10.....Converted to Ch 7 11/10 ....
                          341 meeting 1/6/11.....Letter of No Distribution 1/7/11 .....Discharge....3/11/11

                          Comment


                          • #14
                            Update 7/18/2011...

                            Santander picked up the TrailBlazer last night in a midnight repo. Woke up this morning, and the truck is gone. It wasn't unexpected, and we've been waiting on it. Just giving a heads up.
                            Ch 13 0% unsecured Filed 04/10.....Converted to Ch 7 11/10 ....
                            341 meeting 1/6/11.....Letter of No Distribution 1/7/11 .....Discharge....3/11/11

                            Comment


                            • #15
                              very interesting some of these lenders are taking that long to get their cars!
                              Ch 7 filed 8/15/11 341 9/22/11 Discharge 11/28/11
                              The rebuilding begins

                              Comment

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