Our BK was discharged in July; we are still waiting for it to be closed. We are 2 months behind on our auto loan through BOA. If they choose to repo will they need to get a court order still? Will they notify us of their intentions? We did not reaffirm this loan. I'm not sure if this is the right forum to post this in, but just kinda wondering about the process for this....
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If the case is not closed then yes I do believe they'd have to get a relief of stay from the court, that could come at any time though and if your 2 months behind they wouldn't have a hard time getting the court to grant it.May 31st, 2007: Petition Filed by my lawyer
July 2nd, 2007: 341 Meeting Held
September 4th, 2007: Discharged and Closed.
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If you included the car loan un your bankruptcy but never reaffirmed AND did not make any further payments it will be repo'd. If you really don't want the car anymore just go to a B of A branch, park the car, walk the keys inside, and walk back out again. Make sure that the gas tank is bone dry.
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