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Rejecting a lease / Repossession?

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    Rejecting a lease / Repossession?

    I'm getting a bit nervous about the timing of our filing and our cars.

    We have one car on a lease that we plan on surrendering and rejecting the lease. Anyone know what happens if they repossess the car before we can file and reject the lease? Would this affect our obligation to pay on the car?
    Filing 7/30/10, 60 month plan, 0% to unsecured creditors

    #2
    If they repossess it prior to filing, then you'll have a repossession on your credit report. This will be a valid and true statement of your affairs with that vehicle lender and it will stay on your report for 7 years.

    If you file and then surrender the vehicle (reject the lease), then you'll only have an IIB (included in bankruptcy) notation on your credit report. I can't tell you the exact affects of either notation, but the repossession will "hurt" your score more... unless your score is already so poor, it's below 550.

    If you've stopped paying on that leased vehicle, then expect that they will repossess the vehicle. I really don't understand your question unless you're not making payments.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I haven't stopped payment but another payment will come due before we can file and I can't pay for both the lease and the attorney fees that's why I'm wondering about the options.

      I don't know how quickly they would repossess, I'm just a bit nervous about it since we've been late in the past and they've been pretty aggressive.
      Filing 7/30/10, 60 month plan, 0% to unsecured creditors

      Comment


        #4
        No one here will be able to predict with any reliability how fast your car's lease owner might react to a missed payment and start repo efforts. Your lawyer may have some idea if other bk clients have had leases with this same lease owner.

        You mentioned in your last post "...since we've been late in the past and they've been pretty aggressive". How aggressive were they in the past and what did they threaten to do?
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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