Chapter 7 discharge and car

[dlgreen]

Hi I was wondering if anyone could answer my question. My husband just rec'd his discharge of Chap 7 (converted from 13) in Georgia on April 18,2006. The motion for relief of stay for his 98 dodge durango was granted to the bank on Feb 22, 2006. How long do they have to come get the car? If they don't come get it within a certain time frame do we get to keep it? It's been parked for nearly a year and if they don't want to come get it then we would go ahead and start using it again...Thanks in advance for any help or advice you can give!!

[SinkingFast]

Old Law or New Law? Makes a difference.

Old Law you didn't have to reaffirm, you could ride thru. Also, you could reaffirm at the last minute and withdraw the reaffirmation within 60 days.

New Law you have to reaffirm or loose it. No going back on the deal either if you do reaffirm.

Have you continued to make payments or not?

Need a few more details before anyone can advise you on what to expect.

[dlgreen]

re: car

The original chap 13 was done under the old laws so the Chap 7 went with the old laws too....also we did not reaffrim the vehicle at all....we don't want to pay for it since what is owed on it is much more than it's worth and my husband already paid 30,000 on the chap 13 (but it went to pay off all the little debts first and hardly paid anything on the car...(bankruptcy was for 50,000 +) Thanks!

[dlgreen]

car

the bank has not had a payment on it since June 2005 when my husband got out of the military...

[Minnymouth]

Since you did not reaffirm and quit paying on the vehicle they will be requesting it be surrendered to them.....
Did you include the vehicle in your bankruptcy as being "surrendered"???
If so, the debt should be discharged and you should owe nothing else on it when they come after it....

Minny