Need advice on post 341 :

[mo1416]

My wife and I just had our 341 for chapter 7 Jan. 25th We have 2 cars and decided to give back one instead of reaffirming on it. My question is I just skipped my 1st payment on it last week and was planning on calling chrysler to pick it up, and then buy a new car but my parents would be lending me the money for it which I would pay them back so my payments would stay the same but then the car would be registered in my name only but not show a loan on it. Do I need to wait the 60 days from the 341 to buy the new car or since it wasnt part of the 341 can I just buy new car now?
Thanks

[BKParalegal]

Don't call chrysler, they can't do anything until at least 45 days after filing. Wait until your case is a no asset before doing anything, and it is best to just wait until discharge to go buy anything. Maybe you will have the surrendered car until then

Good luck

[mo1416]

We filed initially on dec. 29th 2010 and 341 was jan 25th so we're past 45days from filing. and I don't know what to do since I need a car for work and i dont want my car towed away while I'm there.

[msm859]

We filed initially on dec. 29th 2010 and 341 was jan 25th so we're past 45days from filing. and I don't know what to do since I need a car for work and i dont want my car towed away while I'm there.

they cannot take your car from you before the discharge. the automatic stay stops all collection efforts.

[mo1416]

they cannot take your car from you before the discharge. the automatic stay stops all collection efforts.

So then they cant take it untill at least my 60 days from the 341 are up?

[AngelinaCat]

So then they cant take it untill at least my 60 days from the 341 are up?

Not unless they petition the BK Court for a lift of the Automatic Stay. That would have to happen, and the judge grant it, before the car can be lawfully repossessed.

[mo1416]

Thats Perfect!
thanks