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How long before the "repo man" comes????

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    How long before the "repo man" comes????

    We changed our Chapter 7 BK to say that we are surrendering our truck becase our credit union wouldn't work with us on the payment and we are way underwater. We have now officially missed one payment.

    Surprisingly....our attorney has said nothing about surrendering the vehicle, can we just wait until the bank comes to get it? Or do we HAVE to drop it off at the bank?

    I know, I know...you will say this is a question for my attorney, but she hasn't addressed it in all the conversations we have had. Anyone have a clue how this works?

    Post 341 hearing, 30 days until discharge!!!

    #2
    The bank can't do anything until you are discharged or they succeed with a Relief of Stay hearing which is unlikely since you are 30 days post 341 meeting.

    Once you are discharged you should call the CU and make arrangements to deliver the car to them.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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      #3
      You are protected by the Automatic Stay, the CU can't come get it unless they get a relief of automatic stay. I would wait until you are discharged to return the vehicle.
      May 2008 Hired 1st Attorney/Stopped paying CCs
      May 21, 2009 Retained 2nd Attorney
      May 28th - Filed for Ch 7 (FINALLY!)
      9/11/09 - DISCHARGED!!!!

      Comment


        #4
        Don't be in a hurry to call the bank once you are discharged unless you have another vehicle to use. When I surrendered mine, I called the day after discharge and they wanted it immediately. I made arrangements for the next day. You might want to let them contact you - it could take them a while if you need the extra time to line up your next car.
        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..

        Comment


          #5
          Originally posted by StartingOver08 View Post
          Don't be in a hurry to call the bank once you are discharged unless you have another vehicle to use. When I surrendered mine, I called the day after discharge and they wanted it immediately. I made arrangements for the next day. You might want to let them contact you - it could take them a while if you need the extra time to line up your next car.
          The poster is dealing with a Credit Union...I don't think they will take their time...
          But yes, let them contact you Don't make it too easy for them
          May 2008 Hired 1st Attorney/Stopped paying CCs
          May 21, 2009 Retained 2nd Attorney
          May 28th - Filed for Ch 7 (FINALLY!)
          9/11/09 - DISCHARGED!!!!

          Comment


            #6
            So what would happen if I didn't take their calls or make arrangements to return the car, would they eventually just come repo it? We need the vehicle for as long as possible, how can we drag this out?

            Comment


              #7
              They would probably come right after the discharge. I wouldn't keep anything valuable in it.
              May 2008 Hired 1st Attorney/Stopped paying CCs
              May 21, 2009 Retained 2nd Attorney
              May 28th - Filed for Ch 7 (FINALLY!)
              9/11/09 - DISCHARGED!!!!

              Comment


                #8
                eventually they'll come and repo. but if you have a locked garage you can "hide" the car there; they are not allowed to break a lock to repo.
                filed ch7 May 09
                341 june 09
                discharged, closed Aug 09

                Comment


                  #9
                  Originally posted by cassandbrook View Post
                  So what would happen if I didn't take their calls or make arrangements to return the car, would they eventually just come repo it? We need the vehicle for as long as possible, how can we drag this out?
                  Depending on your state, there's a whole list of things the repo goons can not do to gain access to the car.

                  Typically they cannot open a locked gate, move one car to get to the target car, enter a private garage, and they must leave if you resist.

                  Like liz said, don't keep anything important in it, and I wouldn't keep much gas in it either.
                  No Asset 7 closed 11/09

                  Comment


                    #10
                    I have not been discharged...had 341 July 2oth 09 and my bank that has my car loan. Already was gone and put in for a relief from stay and was granted one on the 25th of August.I got the paper in the mail today. They really want the car back, huh? Anything to worry about here???
                    filed June 12,09
                    341 July 20,09
                    deadline to object Sept 18,09

                    Comment


                      #11
                      Originally posted by denisejohn65 View Post
                      I have not been discharged...had 341 July 2oth 09 and my bank that has my car loan. Already was gone and put in for a relief from stay and was granted one on the 25th of August.I got the paper in the mail today. They really want the car back, huh? Anything to worry about here???
                      Nothing to worry about if your intention is to "surrender" the car. Some people like to play games and play hide and seek with the car, but I believe that you just want it over with. Just work with the creditor when they contact you on arranging pickup/drop-off or repossession.
                      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                      Status: (Auto) Discharged and Closed! 5/10
                      Visit My BKForum Blog: justbroke's Blog

                      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                      Comment


                        #12
                        Originally posted by justbroke View Post
                        Nothing to worry about if your intention is to "surrender" the car. Some people like to play games and play hide and seek with the car, but I believe that you just want it over with. Just work with the creditor when they contact you on arranging pickup/drop-off or repossession.
                        What's funny with mine is I've called the lender of our surrendering vehicle twice to ask them to come get it. They keep telling me they will be in contact. They were granted a relief 14 days ago. I can't seem to get rid of it.

                        I want to drop the insurance!!
                        6/30/2009 Filed Ch. 7
                        10/06/2009 Discharged
                        01/24/2011 Closed

                        Comment


                          #13
                          I've been noticing that more and more the creditor just waits until your chapter 7 is discharged and closed and then comes and gets the car. This way they avoid the $150 filing fee to have the stay lifted and associated attorney fees.
                          Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

                          Comment


                            #14
                            I was watching the "repo" show on A&E (I think). If your car has GPS, then they were able to get it to send out a signal and track it. They followed a guy to a parking lot after he had the car locked in his garage.

                            Make sure you keep your cell phone with you in case you need a ride!

                            Comment


                              #15
                              (Off the subject comment....I would have kept watching that repo show if they didn't repeat every single thing they just showed a second before. lol Their producer needs to be replaced.)
                              8-4-09 Filed pro se Chap 7 (I still can NOT believe I took that first step!:blink:)
                              8-25-09 Approved to proceed in forma pauperis.:unsure:
                              9-8-09 :dry:Trustee's Report of No Distribution.
                              11-18-09 :yahoo: Discharged! :clapping:

                              Comment

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