Post 341 questions

[hashtag]

Hello all,
I wanted to share that I finally had the long awaited 341 meeting today. Although it was quick and easy, I left the room with some questions that didnt get answered that I was hoping to ask here.

Since there is no follow-up info needed from me for the trustee, I imagine I am all done! Should I register for PACER and check my information for any updates?

I am surrendering a car financed with NFCU and they did not send me any docs to reaffirm. Credit Karma shows the account was closed. When does the car need to be surrendered? Post DC or now? I dont want them to come take it as that can be embarrassing depending on when that happens.

I have read I should wait one month post DC to pull reports from all three to verify info before I apply for anything. If that is true, what should I be doing in meantime to setup for success?

If the trustee didnt ask for me to surrender any money or items, does that mean I dont have to? the attorney at hearing said creditors have 60 days to dispute.

I feel so relieved after this meeting. It can only get better from here as a new chapter in my story begins.

[Birdie82]

I had my meeting on June 26 and the trustee asked me to surrender the car to NFCU because that was my intention. They had filed a motion to lift the stay and it was granted , I dropped off my car to one of their branch because I didn’t want the element of surprise. Did NFCU file a motion ? Do you have a lawyer?

[hashtag]

NFCU did not file a motion that I am aware of. Trustee didnt even bring up the car or my intentions for it.

[Birdie82]

I actually called NFCU asked to be transferred to the bankruptcy department and ask them where to drop off the car . Knowing that your plan is to surrender, do you have another mode of transportation lined up ? If so, call them up . If not , continue riding until you hear from them .

[FireMedic1]

I forgot how NFCU handles these situations. I believe @pizza1 has the answers your looking for. Glad you made it thru your MOC. Yes I advise to sign up for PACER. I printed every single document and placed them in a binder for safe keeping if anything at all comes up down the pike. You'll see your DC there before your lawyer sends it possibly. Congrats!

[pizza1]

NFCU was recently fined for their unfair debt collection practices, so they have straightened up some. You will need to surrender the car, if you have no intentions for reaffirmation, or to keep and make payments, and surrendering usually happens after DC.

They have in the past reached out to set up a time to collect the car if you don't want it and don't continue the payments. Most CU's (including NFCU), have a cross collateralization clause anyways. You should hear something soon, either from them or your attorney.

[hashtag]

Well, I heard something!

Need to correct the bank: it was FCU (FLorida Credit Union) not NFCU...got them confused for some reason.

Anyway FCU filed a motion and the hearing is tomorrow. Apparently I cant do anything based on what the attorney is saying since I put on the petition that I was going to surrender. If I try to reaffirm, they want past due payments for last two months but that isnt worth it. 

My question now is, when will they come pick up the car once the hearing goes south tomorrow on my end? Do they try to coordinate with you or leave you high and dry without a car when you wake up in the morning? This is the only car we have so need to plan a little bit.

Thanks for the help and advice so far!

[pizza1]

They still can't come and get the car until after DC. The trustee controls everything at this point.

[hashtag]

Really? Even if the payments are past due?

That is a relief because we need some time to get by with this car before we have to buy another car. Still waiting for the judge to say everything is ok with the no distribution. Its been 10 days already, not sure what the hold up is. 

Thanks @pizza1

[pizza1]

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@hashtag wrote:

Really? Even if the payments are past due?

That is a relief because we need some time to get by with this car before we have to buy another car. Still waiting for the judge to say everything is ok with the no distribution. Its been 10 days already, not sure what the hold up is. 

Thanks @pizza1

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The automatic stay is in place till the BK is finished (discharged). The lender would have to ask permission from the courts at this point to repo the car. Its unlawful for any collection activity to take place, including a repo, which is considered a collection activity, while the automatic stay is in place. After the DC is issued, then expect a phone call to set up a time to come and get, or they will just come and get it.  Make sure you have everything cleaned out of your car, including glove box, etc now.