Lease question...

[jibb3r]

My lease expired 3/16 for my car. I am going to return it in the next day or two, but I am wondering something.

Back when I filed, I got a bankruptcy document for the car, pretty much stating their claim in my case, I guess (or I could be wrong?? - thats what thel lease company told me). I called the leasing company and told them the car wasn't in the bankruptcy and I was keeping it, and intended on paying it until it expired. He told me that everything I own goes in the bankruptcy, I can't pick and choose which things are included. They said it was just a claim in the case, in case I would stop paying on it, or whatever (is that right?).

Anyway, I am over miles on the lease, obviously over the expired time to have it and I'm sure there will be other "excessive wear" things they will find wrong with it to charge me for. Will those charges go into the bankruptcy? Since there was a claim for the car in the bankruptcy??

[CoCoChanel]

Leased Vehicle/Chapter 7/Lease Aggreement

I had a leased vehicle from GM. The lease expired in Feb 09. I was told to turn the vehicle back in at the nearest dealership of the make of the car. In 2007 when I filed bankruptcy, I was told by GM that we don.t get to pick and chose what things go into the bankruptcy, but if I was willing to sign a Lease Acknowledgment Agreement saying that I would continue to pay my note and keep the car(which I did with GM and court), then when the lease was up, I could just turn the vehicle in and after inspection by GM for wear and tear, miles etc...if cleared, that would be the end of it.

Beware though......when I got to the dealership to turn my vehicle back in and I asked them about leasing another vehicle, even though I had paid on time my note after filing bankruptcy, they were not interested in giving me another leased vehicle. I was a little upset about that. They told me a flat out NO. It was mind boggling how nasty they were.

[jibb3r]

I had a leased vehicle from GM. The lease expired in Feb 09. I was told to turn the vehicle back in at the nearest dealership of the make of the car. In 2007 when I filed bankruptcy, I was told by GM that we don.t get to pick and chose what things go into the bankruptcy, but if I was willing to sign a Lease Acknowledgment Agreement saying that I would continue to pay my note and keep the car(which I did with GM and court), then when the lease was up, I could just turn the vehicle in and after inspection by GM for wear and tear, miles etc...if cleared, that would be the end of it.

Beware though......when I got to the dealership to turn my vehicle back in and I asked them about leasing another vehicle, even though I had paid on time my note after filing bankruptcy, they were not interested in giving me another leased vehicle. I was a little upset about that. They told me a flat out NO. It was mind boggling how nasty they were.

That was Ch7 though, right? I didn't have to sign anything to continue my lease, it was also with GM. Not sure if my lease ending 4 months after I filed bk had anything to do with that or not. Or was it was because I filed Ch13?

I just have this fear of a bill coming in the mail for all my overages and excessive wears. But, until I'm discharged they can't send me bills for the car, right? So that's where I am stuck, not sure if I will be charged, or if the bk will cover it.

[jibb3r]

Well well well... I get a letter today from a lawyer, it was thick, and not from my lawyer. It was a Motion for relief from automatic stay from GMAC, for the vehicle that sits in my driveway. Obviously I have procrastinated a bit too long.

What does this relief from automatic stay mean? I'm pretty clueless with the legal terms and am fearing the worst. It says I've paid $0 of the $16k buyout price of the car - I don't intend to buy it? I'm lost.

I'm not holding their vehicle for ransom, I don't drive it because the tags are expired. It's going back tomorrow, one way or another.

[DebtEnder]

The relief simply allows them to repossess the car. If you did not sign anything affirming the debt then they can't tack on fees just because they waited this long to ask for relief.

[jibb3r]

The relief simply allows them to repossess the car. If you did not sign anything affirming the debt then they can't tack on fees just because they waited this long to ask for relief.

Awesome. Thanks for the quick reply. I can breathe a little easier now. I figured they were coming for it already. I didn't think a court hearing was necessary to get it back. It's going back tomorrow anyway, like I said.

So I didn't ruin the bankruptcy or anything??