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    ? about car repossession

    We will be including one of our cars in our bankruptcy. It is broken and is just sitting in our driveway. We are current on the payments but will stop paying them in January. How long after that will they try to take the car on average? We will file about 2m after we stop paying...

    Thanks!
    CJ
    341 on 8/3, determined NO ASSET
    60 day wait was over on 10/3/08. Discharged 12/23/08

    #2
    Originally posted by cj0203 View Post
    We will be including one of our cars in our bankruptcy. It is broken and is just sitting in our driveway. We are current on the payments but will stop paying them in January. How long after that will they try to take the car on average? We will file about 2m after we stop paying...

    Thanks!
    Not sure how long they'll try to take it, but if there's any chance you can park it out of sight, as in inside a closed, locked garage, it can take them a lot longer to get it! If they have easy access to it, it is much quicker for them.
    <<I am NOT an attorney, my comments are anecdotal only. Contact an attorney for advice>>
    FINALLY DISCHARGED 92 DAYS AFTER THE 341! A NEW START!!!

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      #3
      I think it's different depending on who you financed through. My brother didn't pay on his car for 3 months before they took it and they sent him a lot of warning letters and called before hand. You should probably get a good idea when they're getting ready to take it.
      Kari
      10/12/2007 Filed Chapter 711/08/2007 341 Meeting 01/07/2008 Last Day for Objections
      http://www.bankruptisnormal.com/

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        #4
        Originally posted by cj0203 View Post
        We will be including one of our cars in our bankruptcy. It is broken and is just sitting in our driveway. We are current on the payments but will stop paying them in January. How long after that will they try to take the car on average? We will file about 2m after we stop paying...
        Assuming you intend to surrender the car and that the repo guys picking it up will be a blessing, you can expect that repossession attempts may start in earnest after 2 months of missed payments.

        If the car is an older one and the lender knows the car is not working, then they won't be as likely to rush to pick it up.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          So is it better to keep up on the payments so it DOESN'T get Repo'd or does it not matter since we are planning on surrendering it in the BK anyways?
          CJ
          341 on 8/3, determined NO ASSET
          60 day wait was over on 10/3/08. Discharged 12/23/08

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            #6
            why pay for something you are giving up anyway. I wouldn't sink another cent into it.

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