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surrender car before or after filing Ch7?

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    surrender car before or after filing Ch7?

    The straw that broke my financial back and is prompting me to finally file, is car repairs & maintenance. I was barely keeping up with payments anyway and all my other bills & debts have gotten behind. I've decided not to re-affirm and just let go of the car, I never should have been approved for the stupid loan in the first place, and I live and work along bus routes anyway. There's between $9-10 k remaining on the loan and the car is maybe worth $7500 at best, and in increasingly poor condition.

    During a free consultation, I was advised that IF I want to keep the car a little longer, to continue making the payments for now and settle it during the bankruptcy. But the more I look at my cash flow, the more impossible that looks. Three months worth of car payments and full insurance coverage, equals almost all my filing fees & attorney's fees. Continuing to make payments will just delay my filing.

    So, is there any reason to try to continue making payments and surrender the vehicle during bankruptcy, or should I go ahead and let them repo it now?
    Last edited by zenmamajen; 03-12-2008, 12:34 PM.
    CC & collections... $13,000
    Car loan outstanding... $9-10,000
    Stafford loans... $25,000
    Light at the end of the tunnel... priceless

    #2
    Well I stopped paying on one we are surrendering; last payment was made in Dec. The car is still in our driveway. We haven't driven it since late Dec because it needs a new engine. We'd kinda like for them to come get it since it's broken and taking up space in our driveway, but we won't tell them about filing until we've retained the atty and can refer to them (retaining Friday!)

    So you can stop paying now, save up for filing, and you will most likely be able to keep driving it for at least a month or 2 before it becomes an issue. Most people suggest taking out all personal items after the 2nd missed payment just in case it gets Repo'd when you aren't expecting it.
    CJ
    341 on 8/3, determined NO ASSET
    60 day wait was over on 10/3/08. Discharged 12/23/08

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      #3
      Use it til' you lose it Make sure like "CJ0203" mentioned, don't leave any personal possessions - they'll just say "nothing was in the car," if you try to claim anything. Just be prepared to take the bus anyday once its gone. REPO men are sooo sooo sooo sneaky!

      Best of Luck, Catchmeifyoucan
      July 2006: Filed Ch13 :blink:
      Oct 2006: Converted to Ch7 :clapping:
      Jan 2007: DISCHARGED :clapping:
      Nov 2007: CLOSED :yahoo::yahoo::yahoo:

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