Am I supposed to contact lender or wait for them to come and obtain the property? 12 Answers as of April 02, 2015

Creditor has not repossessed vehicle. I don't want to be in violation of the court.

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Ronald K. Nims LLC | Ronald K. Nims
The creditor has the right but no obligation to repo the vehicle. Particularly where the car/truck has low value, creditors often don't bother to repo it because it would cost more to do the repo than it will get at auction. Then you have the problem of disposing of a car without the title.
Answer Applies to: Ohio
Replied: 4/2/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No violation. Call the creditor and make arrangements to return the collateral.
Answer Applies to: Colorado
Replied: 4/2/2015
The Law Offices of Ryan F. Beach, PLLC
The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
There is no requirement to contact and deliver a vehicle that was surrendered in a bankruptcy. There is a requirement to cooperate and make the vehicle available to the creditor for repossession. What you do may depend on what you wish to see happen with the vehicle. If you want to just be rid of the vehicle, I would contact the creditor and arrange for a drop off or pick up of the vehicle. If you have an interest in keeping the vehicle, I would sit back and see what the creditor does. They may not wish to take the collateral back. If that is the case, you may be able to continue to use the vehicle. If you exercise this latter option be prepared that the vehicle could be repossessed unexpectedly. In other words, don't keep personal items that you wish to keep in the vehicle. After a significant time has passed and the creditor has not collected the car, it may be possible to negotiate a clean title by paying the creditor a nominal sum of money. In any case, you should discuss your situation with an attorney.
Answer Applies to: Michigan
Replied: 4/2/2015
Grasso Law Group
Grasso Law Group | Charles Grasso, Esq.
It sounds like you are surrendering a car that has a secured lien. If so, you should contact the creditor to arrange a time for them to pick up the car where you can also deliver the keys. This will help keep things running smoothly.
Answer Applies to: California
Replied: 4/2/2015
Charles Schneider, P.C.
Charles Schneider, P.C. | Charles J. Schneider
Neither or both. Sometimes the lender does not want the piece of junk if that is what it is.
Answer Applies to: Michigan
Replied: 4/1/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can deliver to closest dealership.
    Answer Applies to: Nevada
    Replied: 4/1/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    You can wait for it them to pick it up or contact them to make arrangements. If you are going to wait, I would suggest you remove personal property from the vehicle, as it may be taken by a repo person from a parking spot. Sometimes, if the vehicle is not worth much the lender never picks it up. Whether this will happen only time will tell.
    Answer Applies to: California
    Replied: 4/1/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    They may never come and get it. Keep it registered and insured and you can keep driving it. You will be stuck with it as you can't sell it either. You can file a motion to keep it and clear title in the bankruptcy court.
    Answer Applies to: California
    Replied: 4/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It's always best in a bankruptcy to have a lawyer. If you do, ask him or her to facilitate the surrender of the vehicle. If you do not have a lawyer, nothing keeps you from contacting the creditor and insisting they come and pick up the vehicle. Or you could offer to drop it off at some convenient office of theirs. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/1/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    It would have helped if you had provided some kind of context for your question, such as that you filed bankruptcy, that the bankruptcy not only was discharged, but was closed administratively. Until a bankruptcy trustee formally completes administering a case, a vehicle lender cannot repo without obtaining a court order.
    Answer Applies to: Nevada
    Replied: 4/1/2015
    The Law Office of M Grater LLC
    The Law Office of M Grater LLC | Mark O. Grater
    Assuming the vehicle was listed on a Connecticut bankruptcy petition, you can continue to drive the vehicle until they take it. Make sure to keep it insured.
    Answer Applies to: Connecticut
    Replied: 4/1/2015
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