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Surrendering Car

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    #1

    Surrendering Car

    I filed a no asset Chapter 7 on March 26th and had my 341 meeting April 26th, discharge is scheduled for June 27th.
    My lawyer told me to stop paying on my car since I was planning on surrendering it and He said he would send the bank a letter saying they were not allowed to come and get it until after May 26th and after contacting me first. They called me 3 times on May 27th, May 31st, and June 3rd. All times they left a nice voice mail but I haven't heard from them since.
    I work two jobs so I need a car to get to work and have no family to lean on for transportation. My boyfriend and I are planning on moving out of state in about a month or so and I was planning on giving them the car back then or even a week before.
    Currently it stays in the garage and my bf drives my car to his work cause he parks in an underground garage and I drive his car. I know this is dishonest but I can't lose either of my jobs, I'm trying to save up as much money as I can because I'm not going to have a job for a few months when we move.
    I was wondering if I can get in trouble by not calling the bank back or if it would affect my discharge in any way.
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    #2
    If you indicated on your Statement of Intentions (SOI) that you would surrender the car, then you are supposed to perform according to that intention within 30 days of the 341. That is why your attorney gave the date as he did. (It comes from 11 USC 521)

    If you fail to surrender the car, the automatic stay lifts as of the 45th day after the 341 and they can repossess it then. Of course some of them repo before the 45th day, so I think you're being smart about it by not making it easy for them. You're supposed to have 30 days so you do no wrong in taking them.

    Not calling the bank back will not affect your discharge. Although if them calling you is stressing you out, you might want to just call them back and tell them that you would like to make arrangements to surrender the car on May 26th (or whatever date works for you) and you decide where/when/etc.

    Meantime, good luck.
    There are two secrets for success in life:
    1.) Never tell everything you know.

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      #3
      ok great! Thank you so much!
      I was so worried that I would get in trouble by not calling them back and letting them take the car right away.

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