Is there any reason that someone cannot give their car back to the dealership before the discharge is official? If they do not want to continue paying insurance or are not using the car are there any repercussions for simply turning it back in if the car was listed in the BK?
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Surrendering car before discharge is official?
Is there any reason that someone cannot give their car back to the dealership before the discharge is official? If they do not want to continue paying insurance or are not using the car are there any repercussions for simply turning it back in if the car was listed in the BK? -
Contact your creidtor and tell them your no longer going to insure the vehicle and not reaffirming so best they come and get it. I'd think they would.Filed Chapter 7 10-2008
341 Meeting 12-2008
DISCHARGED 2-2009
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(cptne33, I merged your two threads asking the same question into one here. It's against our forum rules to post the same question in more than one forum area. Also you'll get more and better responses this way when everything is in one place. -lrprn)
If you did not show intent to surrender the car when you filed, then until your case is discharged and closed, the lender has no right to the car. It belongs to your bankruptcy estate until you officially notify the court of intent to surrender.Originally posted by cptne33 View Post
Talk to your lawyer and see how this situation typically plays out in your local court. Good luck!Last edited by lrprn; 01-02-2009, 05:05 PM.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 goComment
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OK 'lrprn', I did not realize this. Thanks, and it is better to voluntarily surrender the machine than have it repo. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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