GMAC never sent reaffirmation agreement

[BKConfused]

Hello,

I have a 2000 Chevrolet financed by G.M.A.C. When I filed my statement of intent it was to reaffirm the car. I never received any papers to sign from G.M.A.C. I was behind on my payments at the time and my lawyer said I would have to be current before my 341 meeting. Prior to my 341 I decided it was in my best interest to surrender the vehicle than to continue payments. My lawyer advised I send G.M.A.C. a letter return receipt requested notifying them I intend to surrender. I still have not heard from them. If they do not take possesion of the car prior to discharge could I be liable for the payments. Thanks appreciate any input.

[Minnymouth]

Okay, have you had your 341 meeting yet? Did GMAC attend?

As long as you have not signed reaffirm papers with GMAC and have included the vehicle in your petition to surrender all your bases are covered.

Shortly GMAC will probably file a Motion to Lift Stay so they can pick up the vehicle. At that you must be prepared to surrender the auto.

As long as the vehicle was on your petition to surrender it will be discharged in your bankruptcy and you will not be responsible for any other payments.

Have you considered checking with 722. redemption for a cheaper vehicle that you might be able to afford right now.
Long onto www.722redemption.com and check out the info there.

Hope this helps, Any more questions, feel free to ask.

Minny

[Minnymouth]

Bankruptcy can be scary!!!

We on this forum are here to help answer any questions we can and offer support. However, we do not offer legal advise as we are not qualified.


Minny

[BKConfused]

Thanks Minnie,

In answer to your questions. Yes we did have our 341 on 12-17 and the trustee never asked about the vehicle. No G.M.A.C. never showed up at the 341. The only thing we signed was a statement of intent on our petition. My lawyer said I would have to notify G.M.A.C before 341 or face having it repossessed and being liable for monies owed.

[Minnymouth]

I hope you sent that letter certified to GMAC telling them you are surrendering??
If not you have no proof that you notified them before the 341 meeting.
Also why did you attorney not send that letter??
Sounds like he leaving the "grunt work" up to you....
If your 341 meeting is on 12/17 - then you've not had it yet!!!

Update me......

[BKConfused]

Minnie,

Yes I did send the letter to G.MA.C. certified and have the return receipt. I meant to say the 341 was on 11-17. I think instead of playing a guessing game with G.M.A.C. I will call them and find out when they are taking possession. Not much representation from my lawyer after the last payment made to him, lol. I will keep you posted. Thanks.

[Minnymouth]

I agree, give GMAC a call and ask them when they want to take possession. Then you will see where they stand with this.
Hopefully you will be okay....
Your case is not over till your discharged. You got questions we can't help you with - call that lawyer of yours. Make him earn the big bucks they make....

Minny

[StaciMM]

If you didn't sign a reaffirmation agreement, your debt will be discharged. GMAC can't come to you for any balance regardless of when they get it back. Even though you changed your mind, the automatic stay is still in place.

GMAC would have to petition the court to lift the stay in order to come for it before discharge. If you call them and ask them to come and get it, they might be able to do so sooner (and have you sign something to show you're turning it over voluntarily). They are not allowed to contact you regarding the matter. And, if they chose to file a motion to lift the stay they would need to hire an attorney who was licensed in your state/district and pay to have that done.

We surrendered 2 vehicles. One we returned to the lot. Didn't sign anything on returning it and the lender had to file a motion to lift the stay and get the trustee's permission to put it up for auction. The other, I called and asked them to come pick up-there wasn't a dealership nearby where we could drop it off. The rep had to record me granting permission to allow them to call me to schedule it, and when someone came for it I had to sign a release.