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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 02-26-2003, 12:11 AM
sunshyne_828
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they wont come get the car


What is the name of your state? CO
I am pro se and i am waiting for my ch 7 discharge. the 60 days will be up on 3-17-03. My problem is this:

I thought i would be able to keep my car but i changed my mind and told the trustee at my 341 meeting jan that i wanted to give the car back.. the trustee told me to contact the bank and they would file the paperwork to get the automatic stay lifted and come get the car. i contacted compass bank in the middle of jan right after my 341 meeting. i was told they would start the paperwork and make arrangements to come get the car at the end of feb.
well i called today and the lady at compass bank said the attorneys for compass bank had decided to wait until my ch7 is discharged because it was too late in the game for them to get the automatic stay lifted.
i would take the car to them but i live in CO and the closest compass bank to me is in AZ.

Is this legal for them to wait when i have asked them to come get it? Am i going to get screwed by them and what should i do? i have written a letter to my trustee and told her of the situation but do i need to file any court papers?

Any advice would be appreicated. I really think they are jerking me around - Ford Credit came and got my other car three days after i told them to come get it.

Thanks for your help!!
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Old 02-26-2003, 08:54 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
I don't think its all that unsual for them to wait until after your discharge. They're either too lazy or too cheap to do the work that it takes to ask for the relief from stay to get the car. You have no liability once you have your discharge, so save your car payments and drive the car. They'll come get it eventually. You've kept the Trustee in the loop, so I doubt there will be any problems. They'd actually be screwing themselves if they don't take the car back.
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