Begging the credit union to take the vehicle we surrendered

[olivies]

We filed Ch7, and filed a surrender of our vehicle. It's been parked in our garage for a month, not driven. The window motor blew, while the window was down no less, literally 2 days before our 341 meeting. So we keep it in the garage to prevent it getting destroyed from rain, or stolen, since the window won't go up.

We have called the credit union to ask when they are coming for it, and they don't want to until after discharge. Is that normal? The cu representative keeps referring to it as a "repo", and that they don't want to risk a lawsuit if they repo it prior to discharge. I told DH she's got to be wrong, because we filed a surrender agreement, so it's no longer property of the bankruptcy estate, right? She said if we send a letter from our attorney giving them permission to take it they would consider it. It truly seems like bizarre behavior.

In the meantime I had to renew the registration on the thing because it expired last month, and it's costing me $150 a month to insure. We already have our older, used, replacement vehicle so I would really just like them to get their stupid vehicle so I can make more progress on stopping the cash hemorrhaging. I am really peeved about having to put more money into it (The $170 registration, plus the $150 a month insurance) that I just don't have, you know? Discharge is at least 2 months out. Is the cu mistaken on their rights and the procedure? Is this still considered a "repo"? Also, is it going to be reported as a repo to the credit bureaus?

[NoMoreCards]

The CU will see this as a repo, although your credit reports should show as IIB. (Included in Bankruptcy).

You could always pull that window up by hand, and tape it up by putting tape over the door frame and on both sides of the window. You could also drive it (since it has plates and insurance) to the credit union and drop it off in their parking lot. Return home and call them and let them know where it is. It won't be there long.

Legally, they would have to file for relief of stay to pick up the car if you didn't provide written proof of permission to pick it up. The CU seems to be very careful about following the law in this case, as maybe they've been burned previously by not being so careful, huh?

In any case, you can return it to them without having to wait for them to come and get it. I dropped off my Honda Civic at the dealer, and signed a voluntary surrender paper. It wasn't a big deal, and it was before the discharge.

[tobee43]

In any case, you can return it to them without having to wait for them to come and get it. I dropped off my Honda Civic at the dealer, and signed a voluntary surrender paper. It wasn't a big deal, and it was before the discharge.

that's exactly what we did. i called the credit union...(we had NO late paymentst ever with them in 30 year relationship). but i called and said...we can't afford this car anymore...we want to surrender to you...tell me where and when...this was a "state" credit union.

they called their atty...they said they never had anyone voluntarily surrender their car..so this was ALL new to them. i explained we are moving 2000 miles away, i don't think it's fair after having such a great relationship for this many years that we should make them come after the car after we leave the state.

they had to make special arrangements, but we dropped off the car, got a receipt, took pictures of the condition at the time of surrender... later when we filed bankruptcy we still listed the full amount of the loan as, although, we surrendered the car, it may have been sold at auction, but we didn't know the difference on the amount...so we just put the full amount at owning but surrendered.

[catleg]

Is this a GM car? Their window motors are notorious for being failure prone.

[olivies]

Is this a GM car? Their window motors are notorious for being failure prone.

It's actually an Expedition.

[olivies]

You could always pull that window up by hand, and tape it up by putting tape over the door frame and on both sides of the window.

Tried that- and it ended up coming off the track completely. So now the window has dropped down into the door and rattles around. Very frustrating. I honestly wouldn't care about it being stolen- it's not like I would stand to profit. But we live in SW FL, and this is our afternoon thunderstorm season.

You could also drive it (since it has plates and insurance) to the credit union and drop it off in their parking lot. Return home and call them and let them know where it is. It won't be there long.

Can't do that either- we are in FL, they are in CT.

Legally, they would have to file for relief of stay to pick up the car if you didn't provide written proof of permission to pick it up.

See, I thought that was the whole point of filing an intention to surrender. I'm wondering if I should just call and tell them I'm canceling the insurance, please come get it now.

Better yet- let them know I am turning the vehicle over to my newly licensed 17yo son to drive back and forth to work and the community college, and he's a frightfully bad driver.

[tobee43]

yes, i would write them a certified letter of intent of surrendering the car...tell them they have ...so many days like 60 or whatever...and if they don't come and get it...then i would consult an attorney and see if that's considered abandonment on their part?

[catleg]

Why not just drive it? Maybe you'll get lucky and it gets stolen.
My friend had his Expedition stolen off the street in Montreal.

[BCA2009]

Park it in on the side of a major highway and forget about it. The local or state police will have it towed after a few days. If the bank ever calls, refer them to the city/state impound lot. It will eventually be sold to cover storage fees. If there is any money left over (probably not). You can claim the proceeds if the bank does not.

[joh]

Pull the door panal off and push the window up from bottom , then jam a piece of wood
under it to keep it up.