Talked with my auto lender today

[hamburgervol]

I called my auto lender today and spoke with the BK department. Mainly I wanted to know how, when and where surrender would happen. The person I spoke with stated that they had sent a letter to my attorney requesting permission to speak with me. He also said they would not officially be able to speak with me until my attorney signed it. I asked him when, how and where we surrender. He stated that since we were voluntarily surrendering, they would be in contact with me when my attorney signs the request or the stay is lifted. I told him I feared we would come out one day while shopping and the car would be gone. He said no chance since we where surrendering voluntarily. The will call before it's repo'd. This shows how the stay works I guess.

He also asked the condition of the car and the mileage. I told him both.(10,000 and excellent shape)

[liz417]

That's good news How come you are giving up the car with only 10K miles on it?

[hamburgervol]

We owe $20,000..worth $11,000. Also turned down by 722 for some reason. Kinda glad of that we were turned down. No 24% interest for me.

[liz417]

We owe $20,000..worth $11,000. Also turned down by 722 for some reason. Kinda glad of that we were turned down. No 24% interest for me.

Oh, that's right...I remember your story now. Yes, 24% interest is insane...I think they did you a favor by not approving you
Good Luck!

[RackingJ]

That is good to know, especially since we have the same finance company. So does that mean they ARE going to file for relief of stay to come pick it up? Was hoping to keep mine just a bit longer so I can save up for a replacement car. ;)

[hamburgervol]

That is good to know, especially since we have the same finance company. So does that mean they ARE going to file for relief of stay to come pick it up? Was hoping to keep mine just a bit longer so I can save up for a replacement car. ;)

He did say they were going to ask for a relief from the stay. He made it sound like the only way they could get the car is tho get the relief from stay or our attorney signs the request to speak to us.

[RackingJ]

Have you found a replacement vehicle yet? I've found several on Craigslist but want to save up some more.

[hamburgervol]

Have you found a replacement vehicle yet? I've found several on Craigslist but want to save up some more.

I think we may try Capitol One after discharge. We have not looked at anything though. I don't think we can really do anything right now during active BK.


I'm not sure if we need to wait till after discharge or after 341 to seek financing on a replacement vehicle.

[debtmonster]

I don't think anyone should be talking with creditors or bankruptcy departments when you're in the middle of filing bankruptcy. My lawyer told me, "keep the car as long as you can."

Don't even think about giving it back to them. A good lawyer will fight for you to keep the car. Every month you go without a car payment is another month you can put away money towards a new car.

When any creditor or collection agency calls me, I won't give them any details whatsoever. I tell them they need to talk to my lawyer. That's what you pay a lawyer for.

Like I said in another post, my lawyer said that I may be able to keep my car another 6 to 8 months or so right after filing bankruptcy. There's no way I would want to give my car back in 2 months. Legally you don't have to give the car back. It may be morally wrong to keep it, but legally the car is yours.

It's your job to drive and keep the car. It's their job to get it back.

I have a PO Box now. I forwarded all of my mail there. I moved and now nobody has my new address. A collection agency for the bank called me a few days ago demanding that I give the car back. I told him that I'm going bankrupt and to go pound sand. I gave him my attorney's name and told him to never call me again.

I haven't heard a peep from them since. The last time I made a payment on my car was in January. It's now the middle of July.

5 x $740 = $3,700 I saved.

[hamburgervol]

I don't think anyone should be talking with creditors or bankruptcy departments when you're in the middle of filing bankruptcy. My lawyer told me, "keep the car as long as you can."

My lawyer simply told me to make sure I did not have anything of value in the car. Would kinda stink to come out of the grocery store and your car was gone. I called the lender to see when the surrender would enviably take place. I have another vehicle that I own outright so giving up this car is no big deal. I just don't want any hassles.

[debtmonster]

My lawyer simply told me to make sure I did not have anything of value in the car. Would kinda stink to come out of the grocery store and your car was gone. I called the lender to see when the surrender would enviably take place. I have another vehicle that I own outright so giving up this car is no big deal. I just don't want any hassles.

I don't think they will do that. Just pay attention and make sure nobody is following you. These are all just scare tactics. If you want, switch cars with a family or friend so that the repo man can't find the car.

In my case, the repo man is looking for my car 350 miles away from where I am. I am sending them on a wild goose chase.

[RackingJ]

We filed on Friday and we've already got mail today from a dealership with a 'Fresh Start' auto loan program for people in BK. That was quick. LOL

[aces67]

We filed on Friday and we've already got mail today from a dealership with a 'Fresh Start' auto loan program for people in BK. That was quick. LOL

Wow! that is fast!

[OhioFiler]

Wow! that is fast!

Shows you how desperate these car dealers are for customers!

[RackingJ]

Shows you how desperate these car dealers are for customers!

No kidding. I went to their website to see what they have in stock since its a Nissan dealership and I want to replace my SUV with an Altima (had 2 Altimas before) and they have three 06 Altimas at very decent prices and an 08 Mazda 3 at a great price. So I might have to keep them in mind when I get ready to actually buy again.