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When can I give my car up after the 341 meeting?

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    When can I give my car up after the 341 meeting?

    I had my 341 meeting last Tuesday and no mention of when they will take my car I did not get reaffirmed. Can I just bring it to the dealer and hand over the keys? Or should I wait till they come and get it? I bought my parents car for 2600 dollars and no longer need the car.

    #2
    You can't just take it to the dealer. The dealer may not have anything to do with the transaction (other than "selling" you the car, but not actually "financing" it). You may find that the car company waits until after your case is discharged before they come and repossess it.

    The normal way that they get the car -- after your case is discharged -- is to repossess it. They can't repossess it unless they get relief from the automatic stay or the case is discharged. It's a process.
    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


      #3
      Yes and a pleasure to follow up "JB": but drive the newer car free and save miles on the other car. You MUST insure it as until they give you a receipt for the car, you are responsible for it. You might call the bk department and ask them if you could voluntarily surrender it which is good, and I did this. They will call you as to when a roll back comes and take pictures, and get a receipt of condition. They will direct you to their actions. If they cannot, drive it free as long as you can. '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.

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