Does anyone know WHY they can't take my car yet?

[Wantmypeace]

Our lawyer told us that the creditor can't come and repossess our car until 60 days after we file Ch.7 (even if we don't make any payments). We're in California, and we are filing that we will surrender the vehicle. Does anyone know why they have to wait 60 days before they can come and get it? I'm not complaining, just curious.

[AngelinaCat]

It is the Automatic Stay. This sounds like to correct time-line. Talk to your lawyer if you can proceed as I described below. We got rid of this car BEFORE we filed.

If you want to be rid of the car, call the creditor and tell them you want to surrender the car and make an appointment for their carrier to come and meet with you and pick the car up. Make sure you take pictures of the car inside and out, and have the operator of the pickup vehicle to do a 'walk-around' and make notes of any dings, dents, etc. Get a signed receipt from the operator, that lists any defects you both have noted.

We did this with a vehicle we foolishly co-signed for. It wasn't a problem.

[Wantmypeace]

Actually, I want to keep it as long as possible. I was just curious why they couldn't come and get it as soon as they saw in the petition that we were going to surrender it. I'm glad they can't, because it means we will only be without a second car for the last half of the 4-ish months that we wait for a discharge. Lawyer says not to purchase a new one until discharge just to be on the safe side, so we'll wait. Maybe I'll check into a rental car...wonder how much that costs by the month. LOL!