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Deadline was a week ago and they wont pick up my car, will this delay my discharge?

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    Deadline was a week ago and they wont pick up my car, will this delay my discharge?

    Hello,
    I filed Chapter 7 in Alexandria, VA on 4/1/2015. My deadline to object was 7/6/2015. Prior to this date my Credit Union filed a Motion to Dismiss the Automatic Stay and it was granted. I spoke to the Credit Union and they will not come pick up the car. I've been reading online and I've seen people reporting that they've kept their vehicles for years after because their creditor just won't come get it. I've also read that sometimes the trustee will delay the discharge if the property has not been turned in yet. Is 6 days after too soon to be concerned? The last activity I saw on pacer was the letter being mailed notifying me of the Stay being granted back on 6/6/2015 so I'm a bit concerned.

    #2
    I don't know where you read that a discharge can be withheld because a creditor did not retrieve their collateral (after they had filed a Motion for Relief From Stay (RFS)). No such thing exists. A discharge can either be denied because you failed to meet a condition under the Code (condition meaning things like you don't qualify or you had a Chapter 7 discharge within the last 8 years). The discharge pretty much comes after the 60-days following the first scheduled 341 Meeting.

    If you are really wondering why your discharge has not been "entered", you can call the Clerk of the Bankruptcy Court and simply ask! (Yes, this actually does work and you may find that they are missing something like your Certificate for the Financial Management class, a/k/a the second class.)

    Please relax and stop reading things on the Internet. Whether or not your Credit Union picks up your car is up to your CU! How another person's bank or CU dealt with their loan/vehicle is entirely an individual deal. If you are good with your CU and you're still paying for your car, it is possible they won't pick up your car, but no one but the CU can tell you that.
    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 filed ch 7 in Alexandria on 3/30 and I don't have my discharge either. Don't worry! ☺

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