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Can I Give My Van Back

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    #16
    Included In Bankruptcy

    Originally posted by sdr66 View Post
    What is IIBK?

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      #17
      Very odd, but sounds to me like your stuck with a van unless you can figure out where to dump it. It's registered to you, so you can't just dump it. They don't want it, won't give you the title, so what do you do? Basically they have you over a barrel, I kind of think they are hoping you will pay it off so you can get the title to dispose of it.

      Sounds like they want you to have to look at that van for the rest of your life. Good luck, I can't imagine being stuck with an old van sitting in my driveway. Maybe you could piece it out? Not sure if that's legal, but, I have no other ideas on this one.
      Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21

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        #18
        I've read about one lawsuit over this exact situation. I hope I can find the details again and post it here.

        It was nearly identical where GMAC wouldn't reposses a car and the owners couldn't have it towed away because they didn't have the title.

        So, yes this DOES happen.
        Discharged November 2008 100 days after filing no-asset Chapter 7. We intended to let a two-year-old vehicle go back to the bank and reaffirm an inexpensive ten-year-old SUV and our home mortgage. In the end we surrendered ALL of our vehicles and reaffirmed NOTHING. We'll "ride through" our mortgage after the court ruled it an undue hardship.

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          #19
          Originally posted by Keebler View Post
          I've read about one lawsuit over this exact situation. I hope I can find the details again and post it here.

          It was nearly identical where GMAC wouldn't reposses a car and the owners couldn't have it towed away because they didn't have the title.

          So, yes this DOES happen.
          Here's a site with some details on that GMAC case... http://www.stayviolation.com/2006/09...rst_circu.html
          04/04/08- Notice of deficiency balance due from a repo. 04/18/08- Fico scores w/repo listed: EXP 624, TRAN 610, EQU 610. 04/19/08- Found this forum. 04/24/08- Retained attorney for a chapter 7, filing singly. 5/5/08- Turned in bk paperwork to atty. 5/27/08- Date set for reviewing paperwork.

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            #20
            So can I give a copy of the court ruling to Wells Fargo and drop the van off to them? It seems to me that Wells Fargo is looking out for their best interest at my expense.

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              #21
              Originally posted by sdr66 View Post
              So can I give a copy of the court ruling to Wells Fargo and drop the van off to them? It seems to me that Wells Fargo is looking out for their best interest at my expense.

              I think you need to contact your lawyer and bring the ruling to his attention.

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                #22
                There are small wrecking yards in this area that will take pretty much any car or truck title or not. The big ones won't touch them but sometimes the little guys will bend the rules. Doesn't take long for them to get the vehicle out back and have it in a nice little metal cube. Not sure where you're at, but if you have any car/hot-rod savvy friends that have dealt with junk yards that may not go 100% by the book.

                There is always the option of hauling it piece by piece to a recycler. I personally know guys who have done this and I just saw it mentioned on this board a day or two ago where someone was talking about using a cutting torch and cutting a vehicle up and hauling it to the local scrap metal recycler in their pickup truck.
                Filed: 7/31/08
                341: 9/19/08
                Report of no distribution 10/23/08
                DISCHARGED: 11/19/08 (Day 60)

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