Surrender after discharge even if on means?

[BillyRip]

OK, I figure I would post this in the "car" forum, even though I am pretty sure I'l be ok based on the other responses I have received.

I needed to get past the means test so I kept my '06 v6 Mustang that has a $629 payment (a couple upside down trade ins).

Now that I have been discharged and did NOT reaffirm, can I just walk away from the vehicle, even though I used the payment on the means test? And I won't be responsible for any shortfall?

I am in Colorado... Thank you!

[kvangild]

Yes, you should be able to walk away from it. Call the lender and make arrangements to turn the vehicle in. I've heard they sometimes let you leave it somewhere to avoid embarrassment of a repo man at your residence (nosy neighbors, etc).

[justbroke]

Were you an asset case? If you're a no asset case, and for good measure, I'd wait until the case is closed. But, that's just me.

When you do eventually surrender the vehicle, you won't be responsible for any shortfall or deficiency. You owe the lender nothing.

[BillyRip]

Were you an asset case? If you're a no asset case, and for good measure, I'd wait until the case is closed. But, that's just me.

When you do eventually surrender the vehicle, you won't be responsible for any shortfall or deficiency. You owe the lender nothing.

JB-

Check this out... I reached out to a local Ford dealer, and this is what he sent back...

Bill, what do you do for XXX? Your job title and can you put any money down and finally the car does not show in the bk, are you sure it is?

Office: Denver
Disp: Standard Discharge
Assets: No
Fee: Paid
County: Denver

[justbroke]

BillRip, interesting it doesn't show. Did the dealer offer you any rate or anything, or just said to bring money?

[BillyRip]

BillRip, interesting it doesn't show. Did the dealer offer you any rate or anything, or just said to bring money?

Shocking huh? Just bring money. LOL!

I didn't reaffirm, used the payment on the means test, and I told the trustee that I was keeping the car. Can I still give it up without any further repercussions?

I thought all creditors were made aware of my filing? Even the mtg company for the town home that I kept won't even email me a "bill". Just a "statement".

What about reaffirming with a new bank at the current value? Is that an option?

Thanks again JB. Your knowledge and help are VERY MUCH appreciated here!

[justbroke]

In some cases, the car lenders and home lenders have kept reporting the vehicles and homes (respectively) to the credit reporting agencies as current! This would be good for you if you qualify for a loan with the current car.

Since you didn't reaffirm, you can give up the car at any point. Generally, I'd wait until closing... but asking your attorney is the best when it comes to that.

[BillyRip]

In some cases, the car lenders and home lenders have kept reporting the vehicles and homes (respectively) to the credit reporting agencies as current! This would be good for you if you qualify for a loan with the current car.

Since you didn't reaffirm, you can give up the car at any point. Generally, I'd wait until closing... but asking your attorney is the best when it comes to that.

Thank you sir... I am waiting for my Atty to advise.