QUESTION

Am I now obligated to continue the payments, or may I just surrender the car without consequence?

Asked on Dec 30th, 2013 on Bankruptcy - Idaho
More details to this question:
I filed Chapter 7 and did not include my vehicle in the documents. It has been 3 weeks post my 341 meeting. I now realize that continuing to make my payments will not be in my interest as far as building new credit and I would like to surrender the vehicle.
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13 ANSWERS

You can surrender your car to the bank and not be liable for any future payments. That is the relief afforded by the bankruptcy discharge.
Answered on Feb 14th, 2014 at 5:12 AM

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William Rhymer
I would suggest that you promptly tell your attorney. Usually, you can amend your schedules and add it. Then amend your Statement of Intentions to surrender it. Wish you luck.
Answered on Jan 31st, 2014 at 11:04 AM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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All assets and debts must be listed in your bankruptcy, regardless of your intent as to what you want to do with the property. You should amend the bankruptcy schedules to list the car and the car loan, and you can include in your statement of intentions that you will surrender the vehicle.
Answered on Jan 28th, 2014 at 4:09 PM

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You need to file an Amended Statement of Intention to indicate that you are surrendering the vehicle. Then call the creditor and make arrangements to get the vehicle returned. If you signed a Reaffirmation Agreement, you need to revoke it, IN WRITING. A short letter with all relevant information to the creditor telling them you are REVOKING the Reaffirmation Agreement. Send that certified mail, with a copy (regular mail) to your attorney, the Court, the Chapter 7 Trustee, and the U.S. Trustee for your District.
Answered on Jan 28th, 2014 at 4:08 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I am confused by the wording of your question. You say you "did not include" the vehicle. Whether you keep the vehicle or not, bankruptcy law requires that the vehicle and the vehicle loan be included in your bankruptcy paperwork. If you failed to disclose both the vehicle, the loan, or both, it is crucial that you amend your bankruptcy immediately because failing to do so will have serious and possibly criminal repercussions.
Answered on Jan 28th, 2014 at 4:08 PM

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Bankruptcy Attorney serving Omaha, NE at Heineman Law Office
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You can surrender it, and you should not have any consequences with the lender.
Answered on Jan 28th, 2014 at 4:06 PM

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Bankruptcy Attorney serving Santa Rosa, CA at Law Offices of Craig Burnett
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If you "did not include [your] vehicle" in your Chapter 7 documents, you made a big mistake, may have committed perjury, and may be subject to having your discharge denied. Did you both not include the vehicle and not include the secured debt on it? If so, you must immediately amend your schedules to include both the vehicle and the claim against it. Did your trustee inquire about whether you own a vehicle? Did he or she ask you if you listed all of your assets and all of your debts? If so, how did you respond? In answer to your question, you may surrender the vehicle without further liability as long as your lender has notice of your bankruptcy. But your lender may not even be aware of your bankruptcy if you did not list that obligation.
Answered on Jan 28th, 2014 at 4:05 PM

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Bankruptcy Attorney serving Overland Park, KS at Wellman Law LLC
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If the vehicle is "not included in the documents" there is a problem. There are at the very least 4, often up to 8, places in the documents where information about a loan secured by a vehicle should be disclosed. This is without regard to your intentions. In fact, one of these many forms is called the "Statement of Intentions" where you state whether you intend to reaffirm secured debts or surrender the collateral. Some of the other potential places where the documents would refer to this loan include Schedule B where you disclose all of your property, Schedule C where you claim applicable exemptions on your property, Schedule D where you disclose what secured debts you have, Schedule J where you state all of your ongoing expenses including car payments, the Statement of Financial Affairs often applies because monthly payments of $200 or more would cause #3 to apply, the means test form would indicate the payment in the case of an above median debtor, and most important as it applies to your question, the Creditor Address Matrix should list this debt. If they are not in the address matrix, then you probably have a lot of amendments to make and presuming you do not have an attorney, may need to contact the court clerk for guidance as jurisdictions vary with the procedure for adding creditors. By the way, reaffirming a debt would help rebuild credit, so I don't know if you're aware of that aspect of the Bankruptcy process. I also find the rationale unusual. People are typically petrified of losing a vehicle they are current on, as opposed to casually considering how to best rebuild their credit. The whole situation begs for legal counsel.
Answered on Jan 28th, 2014 at 4:05 PM

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Chapter 7 Bankruptcy Attorney serving Woodland Hills, CA at The Law Offices of Marc Weinberg
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First, your car should have been scheduled in "Schedule D", which is secured creditors, and you should have stated your intention towards the vehicle in "Statement of Intention". To clean things up, I would file two amendments. Amend Schedule D to add the vehicle, and amend the Statement of Intention. In the Statement of Intention, I would check the "surrender" box. Then take the vehicle back to the dealer and give it to them. Be sure you get a receipt for dropping the vehicle off at the dealer.
Answered on Jan 28th, 2014 at 4:04 PM

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Deborah F. Bowinski
Are you saying you did not list the car loan in your case filing? You are required to disclose ALL debts when you file bankruptcy. In fact, you signed under penalty of perjury that you listed everyone to whom you owe money. I suggest that you very quickly amend your schedules and your creditor matrix to include your car lender in your case.
Answered on Jan 28th, 2014 at 4:04 PM

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You can turn over the vehicle, but you should amend your Schedule F to include the debt.
Answered on Jan 28th, 2014 at 4:03 PM

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Bankruptcy Attorney serving Las Vegas, NV
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You must amend your bk petition and add your vehicle. When you file bk must list all assets and debts. Under the statement of intention section you state whether you intend to keep or surrender your vehicle. Note surrender and mail this to the creditor after filing with the court. Then contact the creditor to arrange surrender.
Answered on Jan 28th, 2014 at 4:03 PM

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Every creditor should have been listed in your bankruptcy regardless of whether you were going to continue making payments or not. You should amend your bankruptcy schedules to include the car (the trustee should have discovered the car at the hearing and directed you to amend your paperwork). Once the lender has been notified of your bankruptcy you can simply surrender your vehicle and you will now owe a deficiency.
Answered on Jan 28th, 2014 at 4:02 PM

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