Legal Question in Bankruptcy in New York
Voluntary surrender of vehicle after chapt 7
I am voluntarily surrendering my car to gmac. They are aware that I filed chapter7 and giving back the car. I spoke to gmac and they said they prefer me to bring the car to a dealer.They said they would send me a letter to bring to the dealer. I have not gotten this letter yet and am not making payments. Can I get into trouble for not returning the vehicle yet? This loan was not reaffirmed and I have not recieved my discharge.
1 Answer from Attorneys
Re: Voluntary surrender of vehicle after chapt 7
You can't surrender your vehicle until you have directions from the lender as to where to turn it in.
Creditors -- even purchase-money creditors like car-loan and mortgage companies -- have strict sanctions under the law against contacting debtors who have filed for bankruptcy protection; there may be something in play in the bankruptcy court where they are asking the court's permission to contact you about the repossession. That process may take awhile. Have patience; courts move at their own speed, which has nothing to do with anyone else's speed.
THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.
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