Can I Change a Filing on a Reaffirmed Vehicle?

If a Chapter 7 Bankruptcy filing is made and a personal vehicle is reaffirmed (i.e. chosen to be kept by the filer with continuing payments to be made) within that filing, it is still possible to change the filing, not reaffirm the car, and surrender the vehicle back to its creditor.

An amended Statement of Intentions can be prepared and filed indicating that the vehicle will be surrendered to the creditor holding the lien.

The creditor holding the lien on the vehicle should be provided with a copy of this amended Statement of Intentions.

At the 341 Meeting of Creditors, the debtor can inform the Trustee of his or her intentions to abandon the vehicle.

If the debtor so wishes, the creditor holding the lien can also be contacted so that arrangements can be made to take possession of the vehicle.

Even if the 341 Meeting has already taken place, the process can still be undertaken: simply submit an amended Statement of Intentions and contact the creditor to verify the decision to surrender the vehicle, then arrange for a pickup of the vehicle by the creditor.