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Once discharged, how do banks take their vehicles back?

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    Once discharged, how do banks take their vehicles back?

    If you owe on cars that you don't plan on re-affirming and the bank either gets a lift on the automatic stay or the discharge comes and the banks come wanting the cars back, do they just repo them in the night or at your job (the same as they would after you were 90 days late) or after the bankruptcy, are they nice about it and then make arrangements over the phone or by mail about scheduling a pickup?

    Do they have to go through the courts to get permission to get your vehicles back or are they just automatically entitled to come and pick them up how they see fit?

    Do you get any notice from the court telling you to give your cars back or do the banks just contact you and say, "Okay, you're discharged and not re-affirming, we want our stuff back ASAP"??

    I want to know what to expect in the next several weeks regarding our 2 cars so I can make plans accordingly to replace them.

    #2
    This is how ours played out.....
    We had 2 car loans through GMAC. Planned to surrender one and ride thru on the other. We stopped paying on the surrendered car and kept up payments on the ride thru car. Once we were filed, we never heard from GMAC. Our lawyer did get reaffirmation papers on the ride thru and also got a seperate letter from them asking for the location of the car being surrendered. It also said on the bottom in fine print that returning that signed form is agreeing to let them contact us and/or take the car. Nice try, GMAC..... The letter was ignored and they never petitioned the court to lift the stay. The day our discharge papers turned up in our mailbox, we got a call from GMAC. Weren't home, didn't answer. They called again the next morning and asked how we were going to get caught up on the loan that was in default, lol. Dh told them we were surrendering the car. No problem. He requested that we be able to take the car somewhere instead of having a big tow truck marked RECOVERY coming when our nosey neighbors can see. They had no problems with that. They told us to drop it off at any GM dealership we chose and asked when we planned on doing that. That was a Tuesday. Dh told them we'd take it in on Friday and they had no problem with that, either. We took the car to the nearest dealer on Friday where we walked in and told them we bankrupted the car and were there to drop it off. They grabbed the paperwork, filled it out, we signed and got a copy, and left. Took all of 10 minutes. The next contact we had from GMAC was a couple of weeks later telling us the car was taken to a lot for auction and if we wanted to get it back, we had to pay their fees and bring our loan current. That was a month ago. Letter went in the recycle bin and we haven't heard anything more from them.
    filed chapter 7 BK 4/27/09
    341 meeting 6/4/09
    DISCHARGED!!! 8/5/09

    Comment


      #3
      You know when they call you to ask how they can get the car, is it possible to make a settlement with them right there and then? I did not want to re-affirm through my lawyer because they wanted $600+ for the paperwork. Instead of having them go through all of the hassle of picking up the car and paying the auction fees, I am wondering if I could just make an offer to pay cash around the same prices they will get at auction, saving them the repo fee.

      Is this allowable to do after a discharge?

      I am wondering if I could offer $3000-4000 to keep my car. I have almost 78,000 miles on the car. They won't get squat for it at auction.

      Comment


        #4
        I suppose it couldn't hurt to try. I thought I've read somewhere in this forum about people who didn't reaffirm being offered settlements like that? Or offer wasn't a settlement of any sort. They wanted ALL the money we owed plus the fees.
        filed chapter 7 BK 4/27/09
        341 meeting 6/4/09
        DISCHARGED!!! 8/5/09

        Comment


          #5
          DM of course after discharge you can make them an offer. Your offer sounds reasonable to me, but who knows. You can also show up at the auction and bid on it as well. Cash up front though.

          As far as getting rid of the car, I simply called the bank and asked of they would like me to deliver it to them or their dealer. They were very nice. They stated no they had a regular person who did these pick ups and it was no trouble for them to come and get it. I met just one man, unmarked roll back. He was nice, thanked me for handing him the keys, I took pictures inside and out, and got a receipt for the car. Took five minutes, he smiled and thanked me again and nothing to it. 'Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment


            #6
            Originally posted by downsized View Post
            The next contact we had from GMAC was a couple of weeks later telling us the car was taken to a lot for auction and if we wanted to get it back, we had to pay their fees and bring our loan current. That was a month ago. Letter went in the recycle bin and we haven't heard anything more from them.
            Yeah good luck trying to sell it GM. My favorite is ford and Chrysler who no matter what reposes. That is because their vehicles are just hot sellers at the moment, I am sure they are just flying out of the auctions close to RRP like a Honda or Toyota would.

            Is there any wonder why these companies are bankrupt or almost in ford's case. They obviously still do not understand the concept of customer service or working with the customer. Or still think it's the 90's when they could move any junk on wheels out the door as people were stupid enough to buy it. Personally, I would have worked out a deal with you to keep you with the car.
            My comments are solely based on my opinion. The information and links that I have
            posted are provided solely for informational purposes, and do not constitute legal advice

            Comment


              #7
              Yeah, remember this is a cheap Saturn Ion that we're talking about. With Saturn being on the chopping block at GM, that just TOTALLY KILLS THE VALUE! Look what they did with Oldsmobile. Now Saturn and Pontiac will have the same fate.

              It's just that the car runs perfect and as far as the engine, the Chevy Cobalt has the same one and I could always get parts from Chevrolet if I had to.

              If I could get GMAC to send me the title in exchange for $4,000, I'd be a happy camper and not have to worry about going out and buying a new car.

              My wife got a job plus I should be running into some money soon which will allow me to have money by the time of discharge.

              The deterrents to keep them from wanting to take it from me to try to auction it:
              - the windshield has a new crack that started all on it's own 8 days after I filed BK. You can feel the crack and legally it needs to be replaced.
              - the high miles on the car for a 2007 vehicle (most people DO NOT want a vehicle that 78,000 miles and pay top dollar for it.)
              - the vehicle no longer qualifies to be a certified used car
              - harder to get financed with higher mileage vehicles. Could disqualify it for a 2007 vehicle. I know 722redemption turned me down because of the miles.
              - the radio won't be working and the speakers will be missing
              - the interior is missing some panels from when I did a stereo upgrade
              - the oil has been changed only FOUR TIMES the entire time I've owned the car (God's honest truth.)

              Will this be enough to convince them to let me keep it or will they want it anyway?

              A penny for your thoughts.

              Comment


                #8
                Hey DM, keep your penny. For what you described I wouldn't give you a penny for that car. LOL. 'Hub
                If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

                Comment


                  #9
                  Originally posted by AngelinaCatHub View Post
                  Hey DM, keep your penny. For what you described I wouldn't give you a penny for that car. LOL. 'Hub
                  That's what I want GMAC to think, too!!!!

                  You mean you wouldn't pay $6,000 to $8,000 for this car on a dealer's lot with 78,000+ miles? C'mon! LOL!

                  Comment

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