Update on 341 & have a question, we did a convert from 13 to 7

[Donna123]

Hello,

Just wanted to say, we had our 341 this week, & everything appear to have went well.
We had initially said we would be turning in one vehicle that was connected to a cross
collatoral loan at nfcu & keeping another. Both are 2003's a truck & a car. After speaking with the bank about the car, they said we had to pay the loan up & commence to make payments, which would be close to 3 grand. At this point its cheaper to buy a get around town car & have no payments. The attorney said to be careful that we don't get hit with a defiency bill from the bank from not surrendering now. I thought we had until we receive a discharge to turn in the car or a motion from relief of automatic stay from the court. So I told the attorney that the vehicle was being maintained & plan to turn in to the bank at discharge. The attorney said ok, but now I am worried. By the way no one showed up at the 341. Just wanted some input on this. Anyone else gone thru this. Thank you.
Donna 123:

[justbroke]

I don't know how you could receive a deficiency on a vehicle that is discharged in bankruptcy (period). Unless you reaffirm, I don't see a "deficiency" ever happening. Now, that's not to say that some dumb bank won't try, but you only need run back to the Bankruptcy court for a violation of the discharge injunction. Judges don't like to hear about trying to collect on a discharged debt.

[Donna123]

I wanted to say thank you for your input/response. I are hoping to save enough over the next 60 days to pay cash for a car to get back & forth to work before the case is discharged and we have to turn in the vehicles. However I am removing any personal belongs.
Donna123

[justbroke]

It is always a good idea to make sure your personal items are already removed from a vehicle that is subject to immediate repossession. If I had to guess, the lender won't repossess until after the discharge. But, that's just a guess and there have been isolated cases where lenders have prematurely repossessed vehicles.

[Donna123]

I know that's right.
Donna123

[TShoot]

Good luck with everything.

[Donna123]

Thank you.
Donna 123