Hi everyone, sorry that I'm asking another car question, but I haven't quite found my answer in the other posts. I am filing ch 7 on my car but I am just over 2 months late right now. I haven't officially filed yet, that should be on the 15th. But the credit union my car financing is through keeps calling and wants their car. I've just been playing stupid saying that I'll get them the money to bide myself a little time. I assumed that as soon as I'm telling them that i'm filing bankruptcy on it that they'll come and get it since it's already so late. I've heard other people say though that they wait until the meeting of the creditors until you have to surrender. Is that if you're not as late as I am already? I'm just not quite sure that I'm understanding. I'm trying to find a cheap car, I'm just afraid that they'll show up tonight or anytime! Is it bad to let them repo the car right before i'm getting ready to file? Will that mess up anything in the timing of when I file? Thanks a lot. [email protected] Danielle
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First, can you afford to keep the car or not. Generally, the finance company will want you to keep the car and if you are not more than 2 months behind, may work something about with you to avoid having to take the car back.
The finance company doesn't have to wait until after the 341 meeting, however, because they have to file a Motion with the Court to get the car back, and based on the court's schedule, those hearings usually occur after the 341 meeting anyway.
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