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Surrendering Property Process?

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    Surrendering Property Process?

    Can someone explain the process of surrendering property? We have an SUV and a horse trailer that we'll be surrendering in our BK. I know that since we've filed, they can not come & repo with out relief of stay.
    Do they normally do that before discharge or do most creditors wait till discharge and repo? Didn't know if I needed to contact them to let them know we are surrendering or just wait for them to come & get it.

    Also wondering if we are required to have it in their hands by a certain point in the process, like before/after 341 or before/after discharge. The SUV is through National Auto and the horse trailer is through American General if that makes a difference as far as their individual procedures go.
    07/10/09 Filed Chapter 7
    08/10/09 341
    10/16/09 Discharged
    02/01/10 Closed

    #2
    There is no timeline to surrender.
    In general, once the bk is discharged and closed, the lender will contact you to make arrangements to surrender the property.

    Comment


      #3
      In my case, the creditor filed for a motion to lift stay, it was set for a specific hearing sometime after the 341, then the Judge ordered it to be abandoned from the estate, and if you didn't turn it in prior to or on that day then it is up for grabs. The lawyer may sign the motion for a lifting of the stay and you may then voluntarily turn it in prior to the hearing and order from the judge. That way they don't come to your door at 3am.

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        #4
        Great. Thanks for the info.
        07/10/09 Filed Chapter 7
        08/10/09 341
        10/16/09 Discharged
        02/01/10 Closed

        Comment

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