Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do: (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.

Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Can a credit union take a car before discharge?

  • Filter
  • Time
  • Show
Clear All
new posts

  • Can a credit union take a car before discharge?

    My wife filed Ch. 7 in FL and was told at the initial lawyer meeting her car wouldn't be taken until after discharge so based on that information she decided not to re-affirm it, give it up and just buy a new car after discharge.
    Well a month after going to the 341 meeting and still waiting for discharge she received a call from the woman who works the desk at the lawyers office and says the credit union wants to come get the car. Wife says wait a minute she thought they couldn't take it before discharge. She says they can take it anytime they want since she didn't re-affirm it. So now we received contradicted information. Guess lawyers are no better then others trying to con people into getting their money by saying whatever.
    I honestly thought they couldn't take it until discharge either.......unless they filed a motion with the court to collect it. No idea if that's what they did.
    What's true here?

  • #2
    Yes. If you don't reaffirm and you checked "surrender" on the Statement of Financial Intentions (SoFI), then you must take actions to allow that to happen. Specifically, the duties of the debtor are found in section 521 of the code and read "within 30 days after the first date set for the [341 Meeting].. [the debtor must] perform his intention with respect to such property, as specified [in the Statement of Intentions]".

    Now, there is some technicality to some of this. Some creditors will file a Motion for Relief From Automatic Stay (RFS) when they read that the SOFI indicates surrender (or even if you're behind in payments). When this is granted, there is no automatic stay. Some also opine that you can't impede a bank with regard to your SOFI.

    I don't know whether the CU was granted leave from the automatic stay (they filed and had an RFS granted), or if your District automatically dissolves the stay for things on your SOFI indicating surrender.

    I can say this, sort of in the attorney's defense, creditors "usually" won't touch property until the discharge date just to make sure they are not violating the automatic stay. Most courts opined that the automatic stay dissolves, automatically, after the 30 days after the 341 Meeting. So that's probably why they waited until day 31.

    Credit Unions are particularly ruthless in this regard. Almost every other auto loan lender will wait for the stay to dissolve at discharge or seek the RFS. This is just out of an abundance of caution. Just as I use the word "typically" and "usually" any attorney would also use those words when describing the process when you put surrender on your statement of intentions.

    I'm not your attorney and I don't know the implications of not "voluntarily" surrendering the property, but they may, in fact, not be able to perform a true repossession. You have to talk to your attorney that understands your local district.
    Last edited by justbroke; 06-11-2017, 09:23 PM.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    I am not an attorney. Any advice provided is not legal advice.


    • beetlejuice
      beetlejuice commented
      Editing a comment
      Thanks for the reply and insight. Appreciate it.

Unconfigured Ad Widget