Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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Filed (check), 341 (check), Motion to Dismiss wooah

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  • Filed (check), 341 (check), Motion to Dismiss wooah

    Ok I filed my bk pro se 08-10-10 in Illinois, had my 341 (no creditors showed) 09-17-10 it went great 5 minutes no issues and it was over. Next day declared no asset case. Heres the problem I have a vehicle that IS FINANCED and i am going to surrender it when the time comes. I recieved a letter from the bank the vehicle is financed through today stating exactly

    " We have contacted our attorney regaurding your failure to surrender the collateral as specified in your statement of intentions as filed with the court. The statue states that the debtoe has 45 days from the filing of his statement of intentions to carry out said intentions.

    If you do not immediatly surrender the collateral as specified by your filing with the court, our attorney will have no alternative but to file a motion to dismiss your bankruptcy for failure to carry out your duties or to file a motion to delay the discharge of your bankruptcy. Contact us within 5 business days"

    ???? What . Yes I am surrendering it, however I was waiting til discharge to find another vehicle for a better interest rate as I dont have the money for a junker quite yet. They haven't filed a motion to repossess or anything with the court. Is it my responsility to take them the vehicle or what. Its been at the same address that is on the original loan, I'm not trying to hide it and yet they still havent repossessed it? Any ideas here? I figured why not wait til the last minute to surrender but not if my bk is going to be dismissed....

    Thanks in advance

  • #2
    Well, they wrote to you that they contacted your attorney, so that shows you the letter is worthless since you filed pro se. They're just trying to save money by getting you to voluntarily return the car so they won't have to pay to request that the stay be lifted so they can repossess your car as early as possible.
    Filed Chapter 7 July 2010
    Attended 341 September 2010
    Discharged November 2010 Closed November 2010


    • #3
      No they contacted THEIR attorney... Its kind of confusing as to the intent to surrender laws from what I've read. Some say up to 45 days after filing and some say up to 45 days after last creditor meeting. I'm trying to decifer which is the new law. I'm probably just going to let them have it, afterall I don't need a motion to dismiss or delay I just want it over with.


      • #4
        This is exactly why my attorney checked "re-affirm" on my petition, yet I have no intention on re-affirming. This is common by the way. It buys you a little time. I haven't heard from my bank and I had my 341 on 9/23. Tell the bank to come get the car. It's not your responsible to drop it off. Make sure you remove your plates, your registration and inspection stickers. Good luck!
        Filed August 20 341 on September 23 Report of No Distribution - September 24 Case Discharged and Closed on November 23!!!


        • #5
          I agree its not your job to send car back. The bank is trying to scare you into saving them money on sending a agent to pick your car up! Cash for keys might be a good counter proposal?
          Started in Chapt 13 Switched to Chapt 7 Discharged 2009 Dec.........Filed New Chapt 13 in 2010 to deal with new surgery bill and stripped second mortgage! The story continues


          • #6
            Well heres what happened. I didn't plan on giving them the vehicle until after discharge, but since I filed to surrender the vehicle is had to be returned according to the violation attorney that I contacted apparently its a law 45 days after filing arrangements have to be made. So the vehicle was returned so they couldn't file any motions and prolong my discharge. Small price to pay to get my discharge on time.


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