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Surrendering a Car???

Frequent Contributor

Surrendering a Car???

I filed Chapter 7 last month and my 341 hearing is this month on the 25th. I included my car in my bk. Can anyone tell me if I'm suppose to surrender the car prior to my 341 hearing? 

Message 1 of 18
17 REPLIES
Valued Contributor

Re: Surrendering a Car???

You don't have to do anything now unless you want to. They will make arrangements for after you are discharged. Or they may ask you to surrender it earlier. They just can't harass you or snatch it in the middle of the night unless the court tells them they can, in which case you will already know its coming.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 1/22/15 TU 645; EQ 605; EX 633 New goal 675
Cap1 sec $1k (SD) / Fingerhut $2k / Flagship $12k / cashRewards $12k / NavChek $15k / Amazon $2k / Von Maur $1k / Firestone $2.2k / BCU $3k / NFL $1k / QS1 $750 / Target $400 / PPSC $800 / Conoco $700 (last app 09/29/14)
Message 2 of 18
Frequent Contributor

Re: Surrendering a Car???

Thank you starry1 for your response. The attorney had told me after discharge. However They mailed me a release to sign giving them permission to pick the car up. No motion to lift the stay has been filed with the courts though.
Message 3 of 18
Valued Contributor

Re: Surrendering a Car???

Don't sign it if you're not ready to surrender. That is a voluntary agreement, not court ordered. They can wait.

Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 1/22/15 TU 645; EQ 605; EX 633 New goal 675
Cap1 sec $1k (SD) / Fingerhut $2k / Flagship $12k / cashRewards $12k / NavChek $15k / Amazon $2k / Von Maur $1k / Firestone $2.2k / BCU $3k / NFL $1k / QS1 $750 / Target $400 / PPSC $800 / Conoco $700 (last app 09/29/14)
Message 4 of 18
Frequent Contributor

Re: Surrendering a Car???

Yea im not ready...really need the month or two while waiting on my discharge to save some money up. Thanks again.
Message 5 of 18
Senior Contributor

Re: Surrendering a Car???

Your attorney should be guiding you on what you should or should not sign. Any communications sent to you by the trustee also goes to your attorney ... automatically. To make sure that your attorney pays attention to it, you should contact said attorney.

Message 6 of 18
Valued Contributor

Re: Surrendering a Car???


ezdriver wrote:

Your attorney should be guiding you on what you should or should not sign. Any communications sent to you by the trustee also goes to your attorney ... automatically. To make sure that your attorney pays attention to it, you should contact said attorney.




 

Of course, but there's no reason not to come to myfico and get a quick answer.  Waiting for an attorney to review stuff takes a long time.  I don't think she should be dunned for asking a simple question.


Starting Score: 11/29/12 TU 527; EQ 565; EX 564 fako - bk7 dc'd 2/15/13
Current Score: 1/22/15 TU 645; EQ 605; EX 633 New goal 675
Cap1 sec $1k (SD) / Fingerhut $2k / Flagship $12k / cashRewards $12k / NavChek $15k / Amazon $2k / Von Maur $1k / Firestone $2.2k / BCU $3k / NFL $1k / QS1 $750 / Target $400 / PPSC $800 / Conoco $700 (last app 09/29/14)
Message 7 of 18
Frequent Contributor

Re: Surrendering a Car???

It was the weekend and I was curious if anyone else had dealt with this.
Message 8 of 18
Senior Contributor

Re: Surrendering a Car???


Sassy_Taurus wrote:
It was the weekend and I was curious if anyone else had dealt with this.

I went through Ch 7 with two cars. There is no simple answer hence the reason that I answered the way that I did. I told my trustee that if he wanted to take my cars, he can come to my house and get them himself. I still have both cars.

Message 9 of 18
Senior Contributor

Re: Surrendering a Car???


starry1 wrote:

ezdriver wrote:

Your attorney should be guiding you on what you should or should not sign. Any communications sent to you by the trustee also goes to your attorney ... automatically. To make sure that your attorney pays attention to it, you should contact said attorney.




 

Of course, but there's no reason not to come to myfico and get a quick answer.  Waiting for an attorney to review stuff takes a long time.  I don't think she should be dunned for asking a simple question.


 

So where is YOUR quick answer? Have you been through Ch 7 bankruptcy? I have.

 

 

Message 10 of 18