Car has to go back.... :(

[ansky0007]

We have 2 vehicles and one we reaffirmed and the other one we didn't. Our 341 was last month and the company that owns it called last night and left a message that they want to arrange pickup of the vehicle.

Is there anyway to drag this on a few weeks? I have not been able to get a replacement yet? Or since I acknoledged at our 341 that we were giving it back should I just call them back and let them pick it up. I am sure this will be less embarrising than it getting towed as a repo.

[jribe]

We have 2 vehicles and one we reaffirmed and the other one we didn't. Our 341 was last month and the company that owns it called last night and left a message that they want to arrange pickup of the vehicle.

Is there anyway to drag this on a few weeks? I have not been able to get a replacement yet? Or since I acknoledged at our 341 that we were giving it back should I just call them back and let them pick it up. I am sure this will be less embarrising than it getting towed as a repo.

are you out of the automatic stay? if you're not past the 60 day mark- i don't think you have to do anything. And i believe that even contacting you is a violation- unless the company had the automatic stay lifted by the judge. So check on that first- it should at least buy you a little time.

[ansky0007]

I dont think the stay was lifted (Dont see anything on pacer) but they sent my lawyer a letter in the beginning of December asking permission to contact me about the vehicle and he held onto the letter for almost a month. He eventually replied with my home address and phone number so now they are calling.

I also have a very rocky case so I dont want to create more trouble for myself is this would piss of the trustee or judge.

[endisnear]

I also have a very rocky case so I dont want to create more trouble for myself is this would piss of the trustee or judge.

I guess if you don't want to make any waves, and since the car's gotta go back anyways, you'd might as well get it over with. You should be able to contact them and set up a time and place to have them pick up the vehicle. I have read posts from others that have done this successfully.

[jribe]

I dont think the stay was lifted (Dont see anything on pacer) but they sent my lawyer a letter in the beginning of December asking permission to contact me about the vehicle and he held onto the letter for almost a month. He eventually replied with my home address and phone number so now they are calling.

I also have a very rocky case so I dont want to create more trouble for myself is this would piss of the trustee or judge.

you'll just have to determine if it's more important to have the car for a bit longer, or not to make waves. I don't see why it would make "waves" as they would be in violation of the automatic stay. I don't see why the trustee would think of this in bad taste; they are not supposed to be contacting you. I have seen others on the forum that kept their cars to day 61- then gave the car back then... but it's up to you

[StartingOver08]

You can give the guy a call make arrangements to meet him or pick up the vehicle in the next say, three weeks or so.

[B65]

were you late on a payment?

or did they just want it because not reaffirmed?

B

[ansky0007]

or did they just want it because not reaffirmed?

B

I stopped paying when we filed so we would be 2-3 months past due.., But they are calling because it was not reaffirmed and they want it back to send to auction. Letter they sent my attorney mentioned this as copied below:

"The purpose of this letter is to confirm the intention of the Debtor(s) to surrender the Collateral, and to obtain your permission to contact the Debtor(s) directly in the event the Collateral has not yet been turned over to the Creditor. Additionally, Creditor requests confirmation from you that the Debtor(s) has no objection to the liquidation of the Collateral pursuant to applicable law.

Please acknowledge this letter where indicated below as evidence that you have no objection to the above-described actions taking place at this time; please also provide a current address where the Collateral is located, and a phone number where we can contact the Debtor(s) to make surrender arrangements if necessary. Please return the acknowledged letter to me via telecopy or regular mail as soon as possible upon your receipt.

Alternatively, if the Debtor has decided not to surrender the Collateral or if the provisions of this letter are unacceptable for any reason, please contact me immediately."

..

My lawyer responded with my name and address and they now called for it.

[Keebler]

I stopped paying when we filed so we would be 2-3 months past due.., But they are calling because it was not reaffirmed and they want it back to send to auction. Letter they sent my attorney mentioned this as copied below:

"The purpose of this letter is to confirm the intention of the Debtor(s) to surrender the Collateral, and to obtain your permission to contact the Debtor(s) directly in the event the Collateral has not yet been turned over to the Creditor. Additionally, Creditor requests confirmation from you that the Debtor(s) has no objection to the liquidation of the Collateral pursuant to applicable law.

Please acknowledge this letter where indicated below as evidence that you have no objection to the above-described actions taking place at this time; please also provide a current address where the Collateral is located, and a phone number where we can contact the Debtor(s) to make surrender arrangements if necessary. Please return the acknowledged letter to me via telecopy or regular mail as soon as possible upon your receipt.

Alternatively, if the Debtor has decided not to surrender the Collateral or if the provisions of this letter are unacceptable for any reason, please contact me immediately."

..

My lawyer responded with my name and address and they now called for it.

We went through something similar ourselves. We ended up stalling until well after the 341 and just before discharge before we turned it in to the bank.

The whole time we saved up some money (using the payments we weren't making any more) and we weere able to buy a well used Oldsmobile. It was scary as heck and we never knew exactly how it was going to play out but it served us well.

Our bank never seemed to feel it was thier job to motion for a relief of stay either so we never knew if the car was going to disappear or not. I feel like there's no real penalty if you drag your feet and stretch it out until you've saved enough to buy something else.