Specifics Regarding Vehicle Surrender?
When I filed bankruptcy in August, I was told I would not have to contact creditors regarding the surrendering of property, because those who were on the receiving end would already be notified by the courts, as it was specified in the filing.
I know that the company that owns my car loan is aware of my filing. I had my 341 meeting on September 18th and the trustee seemed taken aback because the company has not requested a releif from stay, nor have they contacted me regarding when to get the vehicle in question.
After this I decided to do some more searching to ensure that I am doing everything correctly, but everywhere I turn there are different instructions. In the Nolo book I have been using, it states that I must do nothing but wait for them to contact me, but a few pages further it says I must "make the property available to the creditor within 30 days after the 341 hearing." It further states that if the company does not pick up the vehicle before the end of those 30 days, the property is mine to keep as they have abandoned it. So, which one is true? I have also been told that they cannot get the property until after the 30 days is up because of the stay being in place.
Because of the fact that this company is so far away from me and has no close affiliations nearby, I would not be suprised if they chose to abandon the property. If they do, don't they need to sign a waiver for the courts? I would think the trustee would then have the right to take it.
I would like to contact the company to make the car available, but because we have had issues with this company using unfair tactics in the past, I would like to do this by certified mail. What should I put in the letter?
I have put a lot into this message and hope it makes sense. The main idea is that I would appreciate it if someone could clarify all this mess for me to let me know exactly what I need to do to be abiding by the law.
Thank you very much for any information you would like to share that will help me in this matter! I've found several posts that are similar, but details are never fully given as to how things work, so please help me! Thanks and God Bless!
I know that the company that owns my car loan is aware of my filing. I had my 341 meeting on September 18th and the trustee seemed taken aback because the company has not requested a releif from stay, nor have they contacted me regarding when to get the vehicle in question.
After this I decided to do some more searching to ensure that I am doing everything correctly, but everywhere I turn there are different instructions. In the Nolo book I have been using, it states that I must do nothing but wait for them to contact me, but a few pages further it says I must "make the property available to the creditor within 30 days after the 341 hearing." It further states that if the company does not pick up the vehicle before the end of those 30 days, the property is mine to keep as they have abandoned it. So, which one is true? I have also been told that they cannot get the property until after the 30 days is up because of the stay being in place.
Because of the fact that this company is so far away from me and has no close affiliations nearby, I would not be suprised if they chose to abandon the property. If they do, don't they need to sign a waiver for the courts? I would think the trustee would then have the right to take it.
I would like to contact the company to make the car available, but because we have had issues with this company using unfair tactics in the past, I would like to do this by certified mail. What should I put in the letter?
I have put a lot into this message and hope it makes sense. The main idea is that I would appreciate it if someone could clarify all this mess for me to let me know exactly what I need to do to be abiding by the law.
Thank you very much for any information you would like to share that will help me in this matter! I've found several posts that are similar, but details are never fully given as to how things work, so please help me! Thanks and God Bless!
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