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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I am filing chapter 7 and I have an auto lease that is very

Resolved Question:

I am filing chapter 7 and I have an auto lease that is very high...if I relinquish the car how long befor they come to pick it up? Before or after the discharge?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Thank you for your question.

typically in a chapter 7 the creditor will wait until discharge. However the creditor does have the option of moving for relief from automatic stay in the bankruptcy proceeding in order to take possession of the vehicle sooner
Customer: replied 6 years ago.
So GMAC could pick up the car right away after being notified? Or do they at least wait until the meeting of creditors?
Expert:  Ellen replied 6 years ago.
it would take GMAC a minimum of 30 days as they would need to file a separate proceeding in the bankruptcy petition calls a motion for relief from stay.
Customer: replied 6 years ago.
This is new to me and very you have to explain to me very plainly. Say I file December 15th. How long will I have the car?
Expert:  Ellen replied 6 years ago.
at least 30 days. However it is more likely that you will have the car at least 90 days. I hope this helps
Customer: replied 6 years ago.
One more question....will I be notified before they pick it up and do they have to come to my house so my neighbors see?
Expert:  Ellen replied 6 years ago.
you will be notified before permission is granted by the bankruptcy court for them to pick up the vehicle. at that point you can arrange to deliver the vehicle to them
Customer: replied 6 years ago.

In your experience....have people that filed chapter 7 been able to obtain another car loan...because once they pick it up I am without transportaion>

Expert:  Ellen replied 6 years ago.
I will need to insist on the policy of Just Answer of one question/one answer. Please accept the answer I have given and if you have additional questions I will be happy to address them.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Sorry, thank you for your help!
Expert:  Ellen replied 6 years ago.
best wishes to you.Thank you very much! If I can be of assistance in the future, please ask for FLAandNYLAWYER.

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