I filed Chapter 7 Pro Se and I have a vehicle that's part of the Bankruptcy, how do I surrender the car and when?

More information is necessary before you can be given an opinion, but your questions raise issues. You should seek counsel before you commit.

You just asked 2 completely different and contradictory questions. Let me answer them in turn. You have 2 choices: 1. Keep the car, re-affirm the debt and continue to make the payments; 2. Surrender the car and never make another payment on it again and never, ever even think about signing a reaffirmation agreement. If you want to keep the car, you must make the payments. Even if you do not receive a bill, continue to make payments. If you have been paying by automatic withdrawal, chances are they will not continue to take your money. One way or the other, pay it. At some point the lender will send you a reaffirmation agreement. Review it, fill in the required blanks and sign and return it. If you make this choice, you are now once again stuck with the car, even if later you change your mind and don't want to keep making the payments. If you do not want to keep the car and make the payments, then contact the bank that holds the pink slip. You may do so now or at any time. If you wait until the discharge and are not making payments, the bank will come and repossess the car from you. That can leave you stranded and be very inconvenient.? So call and make arrangements. So long as you have the car in your possession and it is still registered to you, keep insurance whether you are driving or not.

Reaffirming the debt will put you back on the hook for the debt. If you are current on the payments, the creditor may allow you to keep the car without signing a reaffirmation agreement as long as you are still making the payments.

Do not reaffirm unless it is demanded by the lender. More facts are needed in order to answer this question. You can surrender the car by finding out where to take it and drop it off there. Certainly do not reaffirm if you are going to surrender the car.

When you filled out your bankruptcy petition, you should have filled in a page where it indicated whether you wished to surrender, reaffirm or redeem property that is security for a debt, such as a house or a car. If you indicated on the form that you wished to reaffirm the debt, the creditor should be contacting you soon and they will send you what is called a reaffirmation agreement. If you indicated that you wished to surrender it, again, the creditor should be contacting you soon to set up a time to get the car. If they do not contact you, go ahead and contact them, explain that you have filed bankruptcy and give them the case number, and then make arrangements for them to pick up the car. If you already said you were going to surrender and now have decided to reaffirm, simply fill out the form again that indicates that change on it, mark it Amended at the top of the page and file it with the Court. As to whether or not you should reaffirm, keep in mind whether you can afford the payment based on your income. In other words, you don't want to put yourself back where you were before filing bankruptcy.

Can you afford the vehicle? That is really the key question. If you cannot, don't reaffirm because they will then be able to repo the vehicle and sue you for any remaining debt after they sell it. To surrender a vehicle, call the lender and ask them where they want you to send the keys or tell them to come and get it. Or if its a local bank, you can drive it over and drop it off.

Never, never, never reaffirm car debt. Its not necessary. If you make your payments you can keep the car. If you cannot afford the car let it go.

Question: I filed Chapter 7 Pro Se and I have a vehicle that's part of the Bankruptcy, how do I surrender the car and when? *- Prepare FORM 8 (Debtor's Statement of Intention) and amend schedules B & C, too, to reflect your intention to surrender the vehicle if that in fact is your intention* Detail: Creditors meeting was 8/12/2012. Should I reaffirm? *- If you want to keep the car, then YES, reaffirm the debt*

That decision depends on your ability to pay for the car.

You can surrender the vehicle at any time. Sometimes the dealer where you purchased will accept it, but you should get a receipt and check the identification documents of the person to whom you give the vehicle. Otherwise, the lender can seek relief from stay to get the vehicle sooner or will try to get it back after the bankruptcy is over. You should communicate with your lender about how to turn it in. If you want to keep the vehicle, you should sign a reaffirmation agreement if you can afford the monthly payments. You should ask your lender for a reaffirmation agreement and the lender will propose the terms and you can choose to accept the reaffirmation agreement or not. Sometimes, the lenders will lower your monthly payment and re-set the arrrears (i.e., payments you have missed), though companies with cars in high demand do not lower the payments. Since you are not represented by an attorney, you may have to go to a hearing in front of the Bankruptcy Judge assigned to your case at which the judge will ask you if you can afford the payments on the car.