Now we did have issues with surrendering the vehicle. After numerous attempts by my lawyer to get them to take the vehicle back, the only reason they took it back is because I dropped the insurance on it and turned the plate into the state's DMV. That wouldn't affect anything would it?
Response 1: No, that would not affect anything. The bankruptcy Code does not require you to do something more after declaring your intention to surrender the vehicle. It is up to the lender to decide how and when to take possession of the collateral.
I mean the debt was discharged regardless.
Response 2: Yes.
Also, what does it do to a discharge in the event we reopen the case and file the motion?
Response 3: Nothing. You are only reopening the case to file the Motion. Your case may not be closed yet. So, there may not be a need to reopen the case. Sometimes, cases are closed months after the discharge order. Your attorney should be able to tell you whether your case is still open.
I would still be granted the discharge after the issue has been resolved in the courts right?
Response 4: Your issue does not have anything to do with your discharge. You have already been granted discharge on the debt since the lender did not file any objection to the dischargeability of the debt.