After my BK....

[cancer]

After reading everyones posts my situation doesnt sound so strange, but I did have an additional question not covered in any discussion from this thread.

Is there any time limit the bank has to take possession of the car? Mine was listed in my Bankruptcy that closed at the begining of this year. Citibank was the lender and when I added the car to my case they said they would be there within 90 days to pick it up.
So its been about 4 months and some change, far past the 90 days.

The car isnt in terrible shape, but is definately not worth them picking it up. The rims were stolen and just to keep it rolling i had put on some miss matched rims/tires that dont consitently hold air. So definately not worth the pick up, 2002 sub wrx.

So is there any time limit that they have to pick it up? My case is all the way discharged and closed is there any thing I can do to keep the car? If i cant keep it can anyone suggest some legal speak as an example for me to write and send a letter to them to get the process going.

I either need to get the title or get it out of here. The HOA is all over my butt for having it in my drive way for 5 months and Im not going to invest any money into it just to have the bank come pick it up.

[BKDefender]

There is no time limit if you do not give them a time limit.
Just Google for 462 F.3d 14
or go directly to http://ftp.resource.org/courts.gov/c...4.05-2453.html
and read it to see how it supports your case.

Basically you send them a letter telling them that either they need to come pick up the vehicle, or give you clean title so you may dispose of the vehicle yourself, or you are going to reopen the case and file for sanctions against them for violating your discharge - and that you'll be asking your judge to adopt the ruling in In Re Pratt since the 1st Circuit Court of Appeals did such a great job in their opinion based on almost identical facts as in your case.

--William