My question is how long will it take for the Bank to come and get vehicle after surrendering vehicle after filing for bankruptcy?
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Surrendering Vehicle in Bankruptcy
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Originally posted by B65 View Postpay early every month....wonder if they will come, never missed a paymentIn three words I can sum up everything I've learned about life: "It goes on".
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I filed Oct 3; got discharge notice last week. Ford Credit got the stay lifted over a month ago--which I was ok with as I'd bought another car for a much lower payment. Ford credit had refused an offer I'd made to reaffirm the loan with them, just wanting the missed payments made up a mere 2 weeks earlier than I'd proposed. I was told they'd be here to pick up the truck "within days" if I did not agree to their wants. I went and bought another car and had my attorney inform them that they could, in fact, come get their car immediately. Now, nearly two months later, the car still sits in my driveway.
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I got a reaffirmation from my lender, but could not negotiate it to something reasonable. I was current and had the last negotiations with the lender - since they would not budge, even on the due date, I filed a motion to surrender and they picked up the car within a week. It was upside down by over $8k (owed $19.5k value $10-12k).Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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we told ford motor credit 2 weeks ago that we were surrendering our car immediatly. they called a few days later to try to get us to keep it and we said no. it is still in my garage as it is not insured anymore since we got different cars. wonder when they will come get it.Filed Jan 23rd, 2009
341 meeting--February 24th--Went smooth
:yahoo::yahoo:
Discharged may 12th--had to call the court clerk!!:clapping::yahoo::yahoo::
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Yep, took it because I agreed to surrender as they would not adjust anything in terms of payments, amount due, interest rate or due date! I had intended to reaffirm. I filed the petition that way. I continued to make the payments. On Dec 12, when the payment was due, I had one last negotiation with them - they had some phone drone that did not know up from down. As a direct result of her bull-headedness I did not make the 12/12/08 payment. She would not even pass me to the supervisor! So let them eat steel! I called my attorney and said to file a surrender. We timed the surrender to be filed for Dec 29, 2008. I signed it on Dec 31 and then it was not actually filed until 1/2/09 (on pacer). I was discharged 1/5/09. Called the bank on 1/6 and they picked up the car on 1/9/2009. Of course, then I would have been 30 days behind on 1/12/09.
So at no time, ever, was I 30 days behind, even during the automatic stay because I had always wanted to negotiate a good reaffirmation (like I did on my husbands car). You never know with these lenders....each one has their own procedure. Maybe they do this so they get the lump sum 722 redemption payment, even if it is for less money...who knows.Last edited by StartingOver08; 01-19-2009, 06:02 PM.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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that makes more sense though
you had passed your car payment due date right? so how many days late were you i could not make it our from your post, Mine is due on the 1st every month but grace up to the 16th of the month... so just wondereing if you were past your grace period on one payment, I intend to pay on the first every month so it will be interesting to see if they come get it still...B x
filed Ch 7 Oct 31st 2008.
341 Dec 10th 2008.
DiSCHARGED Feb 10th 2009
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I havent paid anything since August and informed them of my bk7 at that time. Its now 1-19-09 and havent heard a peep from them. Btw, its through natl city bank. Every time I call them and tell them its sitting out front with no insurance or plates, they transfer me 10 times and basically say somebody will get a hold of me. They have all my (correct) phone numbers, nobody has ever called.Retained bk7 laywer 8-12-08, Filed 12-22, 341 Meeting Scheduled 1-29-09
Discharged 4-17-09!!!
Reason for filing: Medical, NOT irresponsibility with credit.
"Sometimes you have to fall before you fly"
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Originally posted by B65 View Postyou had passed your car payment due date right? so how many days late were you i could not make it our from your post, Mine is due on the 1st every month but grace up to the 16th of the month... so just wondereing if you were past your grace period on one payment, I intend to pay on the first every month so it will be interesting to see if they come get it still...
My payment was due 12/12/08 (payments due the 12th of each month).
Fifteen day grace period up on 12/28/08.
Signed motion to surrender on 12/31/08 and filed on pacer 1/2/09.
Discharged 1/5/09. Spoke to lender 1/6/09 to make arrangements for them to pick up vehicle. They picked up the car on 1/9/09.Last edited by StartingOver08; 01-20-2009, 05:06 AM.Filed CH 7 9/30/2008
Discharged Jan 5, 2009! Closed Jan 18, 2009
I am not an attorney. None of my advice is legal advice in any way..
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Originally posted by Intoodeep80 View PostI havent paid anything since August and informed them of my bk7 at that time. Its now 1-19-09 and havent heard a peep from them. Btw, its through natl city bank. Every time I call them and tell them its sitting out front with no insurance or plates, they transfer me 10 times and basically say somebody will get a hold of me. They have all my (correct) phone numbers, nobody has ever called.Filed Pro Se: 10/16/2009
341 Scheduled: 11/23/2009
Last Day for Objections: 1/22/2010
Discharged: 1/28/2010
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