Surrendering property

[magoo]

Been making payments on a Kirby vacuum for about a year. It's listed in the bk (old law chapter 7) as "property will be surrendered". Market value of $2,700, claimed exemption value of $810.

My attorney says to contact them, to make arrangements for them to come get it. However, they have my contact info, and I haven't heard a word from them. I believe that Bass & Assoc. has the claim now.

I'm still awaiting discharge, and won't know until the end of Thursday whether or not the trustee is going to discharge everything, dismiss the case, or roll me into a chapter 13. Is this going to screw me up if I don't call them, or should I just wait to see what happens with my case? If I'm not going to get discharged, I don't want to give anything up until I have to. I don't want to hold up on the closing either, though, or draw any more attention to myself. I'd really like to wait, and see if I can redeem it, outside of the court, for dimes on the dollar, if possible. Thanks!

[StaciMM]

If you're going to try to redeem it, that must be done & filed with the court before discharge. They have not contacted you because the automatic stay prevents them from doing so.

[magoo]

If you're going to try to redeem it, that must be done & filed with the court before discharge. They have not contacted you because the automatic stay prevents them from doing so.

So, might there be any negative consequences if I just wait until the stay is lifted, and they get in touch with me? I've heard quite a few people talk about "replevin", but I'm not sure if that would apply in this case?

[StaciMM]

For the lienholder to take the item from you, they have to follow certain procedures. You don't have to give it to them unless they take the proper steps, basically.