Surrendering Home/Car Question

[tknj99]

Hi all,
I wanted to get some first hand-experience from those who have surrendered their home and car in Ch7. I live in Florida and I plan to file next month and will be surrendering my home and financed car. My questions are:
1. Were you required to move once you filed? I wanted to stay in the property and save money up until foreclosure which hasnt started yet
2. If i surrender the car but am current on the payments, what happens? Am i required to call the dealer and drive it back to them? Can the car payment still be used on the means test if i plan on surrendering it? I bought the car over 1 year ago in anticipation of bk, but realize that post BK, the payment ($435/mo) is too much and id rather buy an older car to save money.

Thanks for the help

[StartingOver08]

I am still in my surrendered home here in S Fl. The final hearing for the F/C has not even been scheduled yet. So far my discharge was Jan 2009 and the last pmt was 5/2008. I am ready to move, but my attorney says to stay until the final judgment.

Having said that, there was a friend of mine that filed at about the same time I filed. She had a different attorney and a different Trustee, but was in the same district (S FL). She had to move within 30 days of her 341 because her Trustee required it and her attorney did nothing to fight it. BTW, her house is still in F/C and is still vacant. So your attorney will play a critical part in whether you get to stay or not.


Surrendering the vehicle was easy. Just call your lender and make arrangements. Mine picked up from a neutral location within 5 days of my discharge.

[tknj99]

Ohh...im in South Florida as well. I really hope i am able to stay in the property.