Filing next week

[teddingt]

I will be filing Pro Se  next week,  and have question about my auto.  I will be surrendering it but confused as to when that would happen.  I will be 30 days late when I file. Would I surrender it at the creditor meeting or at discharge? 

[Anonymous]

we actually just asked our attorney that same question, and their reply was it totally depends on the lender, and their work load right now.  They may contact you to come pick it up any time after notification, and they have even had a case where they didnt come get it for 3 months after discharge... (guess they were busy/lazy/forgetful)... 

good luck.. We also are filing next week and are taking down Ally financial for 2 autos, so we will see what they want to do pretty quick.

[teddingt]

I thought they could not touch it at least until the creditors meeting. But I could be wrong.

[StartingOver10]

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@teddingt wrote:
I thought they could not touch it at least until the creditors meeting. But I could be wrong.

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When you file, an automatic stay is put in place so the creditor can not pick up the vehicle without lifting the stay.  Here is some information: http://www.nolo.com/legal-encyclopedia/creditor-lift-remove-bankruptcy-automatic-stay.html

OP, are you sure you want to file pro se?  Filing Bk is a very detailed event and a good Bk attorney is worth it. The petition is critical to a successful Bk.  I'm not an attorney, but strongly recommend one for major events like this...JMO

[teddingt]

OP, are you sure you want to file pro se?  Filing Bk is a very detailed event and a good Bk attorney is worth it. The petition is critical to a successful Bk.  I'm not an attorney, but strongly recommend one for major events like this...JMO

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Am attorney friend looked every thing over and it was good to go,  The problem is sometimes the Internet can be a scary place.  

[Anonymous]

When I decided to surrender the vehicle I called my credit union and told them I was surrendering it. I asked them how they wanted to go about it.
I really didn't want them coming to my home so I offered to take it to them. She said I could park it right in the credit union parking lot.
Walked in, gave them the keys and they had me sign something.
This is always an option if your finance company is local.

[Anonymous]

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@Anonymous wrote:
When I decided to surrender the vehicle I called my credit union and told them I was surrendering it. I asked them how they wanted to go about it.
I really didn't want them coming to my home so I offered to take it to them. She said I could park it right in the credit union parking lot.
Walked in, gave them the keys and they had me sign something.
This is always an option if your finance company is local.

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Great decision making skills and judgement!

Keep the Drama either minimal or non-existent.

More importantly, you made it clean and simple for them by bringing the vehicle and keys to them. Mission complete for all involved.

Thanks for sharing this great advice and practical experience.