Surrendering car at 341

[bkresearch]

Ok, so if you went into your 341 and indicated you are surrendering your car (upside down on loan) does the trustee have the ability to "take" your car back or does the loan company still have to file to have the stay relieved? Is there any way a car can be given back before the discharge without the stay being lifted?

[Meatstick]

If your current and don't reaffirm then they probably won't file motion to lift stay. If your behind there is still a good possibility they won't file motion to lift stay and will just wait it out and contact you to arrange pick-up after discharge. Not sure if they can take car back without lifting the stay as that would seem like a violation of the BK code.

good luck;

Meatstick

[music12]

only a judge can lift the automatic stay. the trustee does not have that power.

[StartingOver08]

Surrendering your vehicle is really two steps: 1) Surrendering in the petition on your Statement of Intentions and 2) the physical surrender of the vehicle. These two steps occur at different times and step 2 is the one that varies all over the place.

When I surrendered one of my vehicles, I called the lender, an out of state lender several states away. We made an appt for pick up. I did not want to have a tow truck come to the house so we made arrangements for pick up at a neutral third party location where I happened to have purchased my used vehicle after discharge. The lender had it picked up exactly on the scheduled date which was within 4 days of discharge. Note: I called the lender the day after my BK DISCHARGE and made these arrangements.

Others have not had lenders as organized.