![]() He said, had they removed it, they would have gone after them for damage to the vehicle because it equates to fraud. He said he had one instance where they took full coverage off after filing and the vehicle was damaged in a hit and run and the lender filed a claim on their insurance (which the insurance paid). Our attorney advised that any damage to the vehicle that was being surrendered which occured after filing could be your responsibility and the lender could file a claim on our insurance. Anyhow, you're correct otherwise.Īlso, removing full coverage on the vehicle is a no-no. The stay didn't matter in my situation regarding the vehcile. However, in my situation we made contact and pushed the issue. You are correct in that they cannot initiate contact nor recover the car while the stay is in effect. Just curious - did the lien holder submit to lift the automatic stay for collection of the vehicle with the bankruptcy courts? If not, then the lender cannot come and get the vehicle until you are discharged. Hope this is informative to at least someone out there. For the record, the vehicle in question is a 2009 model Mazda with a balance owed of $9,500. This experience may be exclusive to my situation but this is how it has progressed thus far. This isn't meant for advice or direction like many of the great posts within this forum. I'm sharing this post, just as general information for anyone seeking information or experiences in dealing with Capital One Auto Finance and Ascension Capital Group within a Chapter 7 case. They emailed back this morning and said that they advised Capital One Auto Finance to initiate contact with me, in order to collect the vehicle. ![]() I told them that I wasn't a storage lot and that the car was uninsured, sitting in my drive way. Yesterday, I shot an email off to Ascension Capital Group demanding to information as to the status of the vehicle surrender/pick up. Ascension Capital Group and my attorney being both aware. In the meanwhile, I had ceased driving the vehicle, removed the license plates and terminated the full coverage insurance on the vehicle. Moving along, he sent the 'surrender letter' to Ascension Capital Group and another 14 passed. Then again, he is a bargain basement attorney, so maybe they did previously contact him. Upon forwarding the email from Ascension Capital Group to my attorney, he said he had not received any correspondence from them whatsoever. They advised that they requested a 'surrender letter' from him and was awaiting it. The email informed me that since I had an attorney on record, that they prefer to only work with my attorney. I faxed a letter to them and in return, I received an email from a representative of a firm called AIS Data Services, LP (DBA Ascension Capital Group) based out of Irving, TX. ![]() He (being the bargain basement attorney that he is) decided that it was up to me to reach out to Capital One Auto and see what the status was. About a month after the 341 meeting (4/6) I asked my attorney what the status was regarding the vehicle. Anyhow, the 341 meeting came and went without any creditors appearing (including Capital One Auto). We simply didn't want to payment any longer and wanted to reduce our debt to income ratio. When filing the petition, we listed the vehicle at topic with the intention of surrender in lieu of reaffirmation or redemption. My case is no asset, joint (married), non-presumption of abuse. So, as you can see, I'm just a few weeks out from potential discharge. First, a little time line on my case: Filed Ch7 on 2/26, 341 meeting on 3/6 and scheduled for discharge (estimated 61 day wait) on 6/7. I just wanted to contribute my experience to the forums for anyone that is surrendering their vehicle financed by Capital One Auto Finance as the lien holder. ![]()
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