Problem Surrendering Car

[h777]

Talked to my lawyer and he said that I will have a problem surrendering my car. I am post discharge and my case has been closed for a week now. He explains that because of the way we worked our numbers on the BK petition, that it would be abuse if suddenly I gave up the car. Again, I stated my intent to reaffirm the car in BK, but never signed any reaffirmation agreement or even received any paperwork from credit union. The last thing I want is my case to be reopened.

1) So for the people that put their intent to reaffirm on the BK petition, did you have to change your intention before discharge to surrender the car?

2) Can the car be given up post discharge even though you had your intent listed to reaffirm and never changed it to surrender?

3) Can it be considered abuse if you suddenly surrender your car if you had your intent to reaffirm listed on the BK petition? Meaning can you surrender just because you want a more better and expensive car?

I checked my credit report and I see it says my car loan in Chapter 7 bankruptcy, but there is still a balance listed to it. However, my other bills have been included in BK and have no balance to it.

4) Does this have anything to do with it being a secured loan?

[SubPrimeME]

1) So for the people that put their intent to reaffirm on the BK petition, did you have to change your intention before discharge to surrender the car?


Yes, you have to do this during your 60 days after the 341. If you do a search on my username you will see I just went through this. My atty's office mis placed this document and are now buying the car from me.


2) Can the car be given up post discharge even though you had your intent listed to reaffirm and never changed it to surrender?

No- you must not sign reaffirm, if you do it is not dischargeable.


3) Can it be considered abuse if you suddenly surrender your car if you had your intent to reaffirm listed on the BK petition? Meaning can you surrender just because you want a more better and expensive car?

? I am confused by this question. If your intention is to surrender the car, then you must undo the reaffirm. Post discharge you can do whatever you want. During the 60 day window you proabably won't get financing- as you could technically put that vehicle in the BK

I checked my credit report and I see it says my car loan in Chapter 7 bankruptcy, but there is still a balance listed to it. However, my other bills have been included in BK and have no balance to it.

It may just take some time for things to roll through the bureaus.

4) Does this have anything to do with it being a secured loan?

[OhioFiler]

Don't surrender it. Let them come and get it when they tire of you not paying them for it.

[JRScott]

Let me ask something, during the bk process have you been making payments?

[h777]

Yes, I have been making payments during the BK process. Reading through the posts, I notice that some people changed their intent from reaffirm to surrender during their 60 day window after 341 meeting. However, in my case, I did nothing and left it with reaffirm. Just trying to make sure I am in good legal ground and not risk getting this case reopened.

[h777]

At this point, I feel that I need to contact the Credit Union and find out about this. What questions should I ask to make sure that I will be able to surrender this vehicle successfully? Is there a certain department that I need to speak too?

[kenshirley]

Dup post

[kenshirley]

If you really want to surrender your car just take it to the credit union and give the keys to them.
It's not that hard.
That is what we did with our RV. They did not want it there, I didn't really care.
They told me I had to talk to this person on the phone and then that, and they all told me they could work things out.
I finally told them I had made my decision and that we were filing BK and they had to deal with the RV as it was now their property.
I then walked out the door.
It took them 4 months to sell the RV by the way.