Responsibility for return of auto

[wvf3]

First post--Finally got registered after about a month's wait and I could use some advice.

My Ch. 7 case was just discharged March 12th (which was only 12 days after my 341 meeting--that seemed rather quick. I assumed there was a 60 day waiting period). So now that it's apparently discharged, is it my responsibility to return the automobile which I did not reaffirm? I was a couple of months behind on payments. I don't want it if it should be returned but it's temporarily postponing the inevitable commute on the Metrobus. What would you do given the situation? Thanks.

[BKTango]

The first thing I would do is figure out how the heck my bk was discharged in such a short amount of time. Was that your only 341? Or was it a continuence or postponment of an early 341? If it was the latter than you probably correctly discharged as there will always be at least a 60 day wait after the date of the FIRST scheduled 341. As far as the car...hmmm... it could be either you need to contact them and remind them of it or it could be because of your discharge coming so early and they are not aware of it. I have never seen anyone receive a discharge only 12 days after their scheduled 341, so either it was not the first scheduled one or you are possibly mistaken on the discharge? Check into that first.

[wvf3]

Hi BKTango,

Thanks for your reply. Let me explain: I filed November 17th and my 341 was initially scheduled for December 21. However my case was abruptly dismissed December 5th because my first attorney failed to file the schedules on time. Because of some really helpful folks at the BK court I filed a motion to reconsider and got a date in front of the judge on January 13 who reopened my case (with the help of my excellent new attorney) and rescheduled the 341 for March 1st.

Perhaps this is the reason why it's been discharged in only 12 days? I checked PACER again today and the latest update is "Case Closed. The Chapter 7 No Distribution case having been fully administered, the case is hereby closed. The Trustee in this case is hereby discharged."

Should I just wait to hear from the lender about the car? What's the normal process in this situation? Thanks!

[BKTango]

Well then it does make sense about your discharge...Congrats on a new start!!! You can wait if you want to I suppose....or you could just move on with your life a little faster and contact the lender and let them know they need to come get it. The only reason I say you might want to consider contacting them is should any thing happen with the vehicle (you wreck it or it's stolen) they might get a little angry, just be sure when it is picked up or you take it to them you get a signed and dated receipt of it.