Surrendering Car Post Discharge with damage

[0REDSOX7]

Does anyone know how this works?

Back story.

June 3rd of last year - ran off the road and suffered minor damage to the passenger front fender.  I have a copy of my police report to support this accident.  Cost to repair approximately $750.00. 

I could not and have not been able to afford to get this fixed as I had a $500.00 deductible with my auto insurance company.  I simply cannot afford to do it.

I filed my bankruptcy on 10/23.  I did not reaffirm the car.

Will Honda Financial have any issues with this when they reposses it?>  I have read I need to prove that the damage was done prior to filing, which this police report shows.  Just want to know your thoughts.

[StartingOver10]

No, the damage affects value. You are surrendering the whole thing.

Contact your attorney and ask if there is something else you need to do to surrender. You said you filed Oc 23, shouldn't you be getting a discharge here shortly? Make sure your attorney is aware of the damage in case he has to file a form before your discharge (I don't know, that's why I suggested you contact your attorney)

[0REDSOX7]

Thanks for the information.

My discharge should be on 2/4 - just over a week away.

The thing is, I did not state on my petition that I was surrendering, just going to do a pass through, and just maintain monthly payments. We have so much negative equity, plus this damage, that it makes sense to surrender shortly after discharge.

We told him about it during our initial consultation, so, not sure about if it will impact me.

I don't know when I am going to surrender, which probably makes this a little more difficult, because if there is a form, I don't want honda coming sooner than I am ready.

[Tbklecka]

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[ezdriver]

Wait until you receive the discharge then call the company and make arrangements for it to pick up the car or for you to deliver it to a location with which they agree.

[0REDSOX7]

EZ, can they come after me to pay for the damage? I've read where they will file a claim on the insurance on my behalf. Just wondering.

[0REDSOX7]

I guess, should the damage be disclosed (either on petition or else where)?

[ezdriver]

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@0REDSOX7 wrote:
EZ, can they come after me to pay for the damage? I've read where they will file a claim on the insurance on my behalf. Just wondering.

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They can ... but they'll need the trustee's permission first. It is unlikely that any creditor will pursue such a claim as they are more afraid of violating the post-discharge injunction legal requirements.

[0REDSOX7]

Well I have the police report and body shop estimate to prove it happened prior to filing. So I should be covered there. The amount is 798 to repair the car.

My attorney is supposed to call me back today and the paralegal was unsure.

[ezdriver]

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@0REDSOX7 wrote:
Well I have the police report and body shop estimate to prove it happened prior to filing. So I should be covered there. The amount is 798 to repair the car.

My attorney is supposed to call me back today and the paralegal was unsure.

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I think that they will simply figure the cost of repairs into their recovery revenue. Those cars are typically auctioned off anyway. It is unlikey to end up in a primary dealer lot.