Can they pick-up car

[FreshStart01]

Anyone have any thoughts on this. We have a 2009 Honda that we are surrendering in our Bk7.Our 341 meeting is 9/10. Today I got a call from Honda Fin. asking about arrangements to pick-up the car, can they do that without first filing a Motion to lift the automatic stay? I left messages for our attorney but she hasn't yet responded.Thanks

[mike258]

They need to file a motion for relief from the automatic stay before they do anything.

[AngelinaCatHub]

They need to file a motion for relief from the automatic stay before they do anything.

This is true, but if you are voluntarily surrendering this car, there is no harm. The stay still must go through. If you do not wish to at this time, they cannot do this legally.

It is up to you. 'Hub

[destitute]

I have a similar situation. My 341 is Sept 1st and I intend to surrender the car. Toyota called my attorney's office to find out where I keep the car during the day. She tells me I have 45 days after the 341 to surrender and told them I'll call when I'm ready to make arrangements.

[kenshirley]

If you are giving it up anyway it saves on the plates and insurance which you can cancel and in most states you apply online to get the money back on the plates.

[downsized]

My atty got the same letter from GMAC....twice because we ignored the first one.....during our BK. We ignored the second one, too. They never sent a third and we never responded to the first 2. The day we got our discharge papers in the mail, GMAC called the house to make arrangements, lol.

Anyway, ignore the letter if you want to keep the car through your BK. As the others have said, they can't take it without having the stay lifted.

[Chowder]

From what I understand, even with the stay lifted the debtor is not compelled to return the car. Lifting the stay only allows the creditor to continue repo activity.

[LSUTiger32]

I have a similar situation. My 341 is Sept 1st and I intend to surrender the car. Toyota called my attorney's office to find out where I keep the car during the day. She tells me I have 45 days after the 341 to surrender and told them I'll call when I'm ready to make arrangements.

Toyota is the one call I have been avoiding because the longer it takes for them to find out the better. I am trying to keep it as long as possible to put the miles on it going to work. I am less than 15 days late right now so they only call every few days but I would rather wait for them to get the letter to find out. Do you or anyone else know if Toyota will try to offer me something to keep it? I don't really need to but if they offered me a good enough deal I might consider it.

[destitute]

LSU - I see you filed 2 days ago so Toyota probably already knows. It took them about 2 weeks after I filed to send my attorney a letter asking my intentions. I am giving mine back so I haven't explored other options with them. Once you get a letter or a call it can't hurt to try.

[LSUTiger32]

LSU - I see you filed 2 days ago so Toyota probably already knows. It took them about 2 weeks after I filed to send my attorney a letter asking my intentions. I am giving mine back so I haven't explored other options with them. Once you get a letter or a call it can't hurt to try.

Yeah, I figure they are going to find out soon enough and being such a large company they probably get some kind of electronic notification. It's not a huge deal because I have another car but the more miles I can save on it the longer it will last me. If they call for it, I will give it up because that's only fair but if I can stall, that's fine too!

[destitute]

LSU - You should be able to stall for a little while at least. Put the miles on the one you're not keeping!

[OhioFiler]

Toyota is the one call I have been avoiding because the longer it takes for them to find out the better. I am trying to keep it as long as possible to put the miles on it going to work. I am less than 15 days late right now so they only call every few days but I would rather wait for them to get the letter to find out. Do you or anyone else know if Toyota will try to offer me something to keep it? I don't really need to but if they offered me a good enough deal I might consider it.

What did you indicate your intention was on your petition? Surrender or retain?

[LSUTiger32]

What did you indicate your intention was on your petition? Surrender or retain?

Surrender. I waived the white flag like OSU in the championship game!

[OhioFiler]

Surrender. I waived the white flag like OSU in the championship game!

Which championship game? OSU has won FIVE national titles!

[OhioFiler]

You could have offered to reaffirm the Toyota at current market value or offered to redeem it for x number of payments at $xxx per month. Never hurts to ask.