Surrender Car

[bkresearch]

If I indicated on my filing that I will be surrendering my car does the company that holds the loan still have to file a Relief From Stay to repossess it? I am trying to figure out how long I will be able to keep it without paying and I was under the impression they can't take it until after discharge unless they file to relieve the stay. Is that correct - or can they take it earlier since I indicated I am surrendering it?

[justbroke]

Generally speaking, they will file a motion for relief from the automatic stay. Otherwise, they would have to wait until your case is discharge. Even so, most secured lenders will file a motion for relief from the automatic stay just to be sure they don't violate the Stay.

[bkresearch]

Generally speaking, they will file a motion for relief from the automatic stay. Otherwise, they would have to wait until your case is discharge. Even so, most secured lenders will file a motion for relief from the automatic stay just to be sure they don't violate the Stay.

So even if I said "here are the keys" they'd still have to file a motion for relief from the automatic stay in order to legally take it? It's been over a month since the Ch 7 was filed and they haven't filed a motion yet....

[justbroke]

So even if I said "here are the keys" they'd still have to file a motion for relief from the automatic stay in order to legally take it? It's been over a month since the Ch 7 was filed and they haven't filed a motion yet....

Yes. Filing the motion assures them that they are not violating the automatic stay OR trying to obtain property that the Trustee has decided to keep for themselves (e.g. liquidate)!!!