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Grider started a blog post How soon before the car is gone! HELP!How soon before the car is gone! HELP!
Im filing friday I owe on the car, but do NOT have money to buy another until income tax time in 2/3 mo... how soon will the loan co come get the car if I surrender it? Is it after discharge? or after they are notified I filed? or 2 mo after missed payments.. the loan is UTD right now.. I must know in 2 days what to do.
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#1StartingOver08 commentedEditing a commentOnce you file there will be an automatic stay issued. I am surrendering one of my cars - the attorney tells me that since originally I had intended to re-affirm, now we have to file a motion to surrender. I filed CH 7 BK on 9/30/2008. I am still in my automatic stay period, but it will be up shortly now. So, our plan is to file the motion to surrender on Dec 29 (which should be about 1 week before discharge). At that point I should have up to 45 days to actually surrender the vehicle according to the attorney. I would think you would have a similar amount of time. I 'bought' myself some extra time by intending to reaffirm - but I could not get the bank to agree to my terms on the reaffirmation...that's why I did not sign the reaffirmation. Got about 60 days extra - you might be able to do something similar
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#2Grider commentedEditing a commentif i just file surender the car, u think 45 days as in after discharge???
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