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Surrendering my car after discharge.

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    Surrendering my car after discharge.

    How does this work? I have decided that I don't want to keep the car, and I just received notice that my bankruptcy has been discharched. I also am behind on about 5 payments or so. Is it too late to include in BK, or do I have I killed myself by doing this? Thanks.

    #2
    was your auto listed on the creditors matrix when you filed? did you reaffirm the auto loan?
    Thanks,
    GaCreditGuy

    --*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--*--
    BK7 Filed : 01/29/2006
    341 Completed : 03/06/2006
    Deadline For Objections: 05/05/2006
    Discharged : 06/30/2006
    Case Closed : 06/30/2006

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      #3
      If you're 5 payments behind, I'm assuming you did NOT reaffirm, since you need to be current to reaffirm. The car loan should have been listed as a secured debt though. Call up the lender, and make arrangements to either have them pick it up or have you leave it at a dealership.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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        #4
        I did not reaffirm, and it was not listed in the bankruptcy. I was undecided on what to do. Now I've been discharged, what's the best way to not absorb more debt on what I'll owe after I surrender it. It is now uninsured and the plates are going back to the registry. I was making 430.00 payments on a Kia spectra 5 door for five years. I just felt that it was too much. Thanks!

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          #5
          Are you sure it was not listed in the petition? You are supposed to list all debts, whether secured or unsecured. If you used the car payment in your schedule of creditors, then I'm pretty sure the trustee would have questioned that if it was NOT listed as a creditor/debt. (How can you make a car payment if you don't have a car loan...) Not to mention that if the lender was not aware of the BK (and the automatic stay) they would have repo'd once you were ~3 months past due.
          Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

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            #6
            You are right. I was going to reaffirm but changed my mind. It must have been listed in some way.

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              #7
              Then it was included, and was discharged. You're ok!
              Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

              Comment

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