Doan Law Surrender Services
The easiest way to surrender secured property back to lienholders is to call Doan Law at 760-450-3333 or fill out our online Surrender form below. We give you peace of mind by orchestrating the surrender of secured assets in a timely fashion. There is also no additional fee for these services! Just give us a call at 760-450-3333 or fill out the form below!
Begin Your Surrender Here:
Surrender Duties: 11 U.S.C. § 521(a)(2)
A secured debt exists when real or personal property is pledged as collateral for the debt. The most common examples of secured debts are home and vehicle loans. Secured debts can also arise from purchase money security interests in certain property (jewelry, electronics, furniture, etc.), or involuntary liens arising by statute or operation of law (judgment liens, hoa liens, mechanic liens, etc.).
Sections 362(h), 521(a)2, and 521(a)(6) of the Bankruptcy Code set forth the duties a Debtor has with respect to secured debt. In short, a Debtor must file Form 108 and state an intention to either RETAIN, REDEEM, or SURRENDER the property secured by the debt. A Debtor must then timely perform the intention.
Creditor Interference with Surrender Duties
Unfortunately, Doan Law has had too many past clients experience frustration and difficulties when it comes to Surrender, including but not limited to 1) Locating and contacting the proper bankruptcy surrender department and location of the lienholder; 2) Delays in lienholder retrieval, 3) Unnecessary parking tickets, storage fees, expired registration fees, insurance expenses, unwanted safekeeping, and other post-petition costs; 4) Startling repossessions in the middle of the night and embarrassment in front of neighbors; 5) Vehicle drop offs at wrong dealerships/banks/locations; 6) Lienholder demands for money and other extortion tactics in order to pick up vehicles; 7) Post-petition claims for post-petition vehicle damages; 8) 549 post-petition transfer issues and other adverse consequences under 521(d); and 9) Retrieval refusals by Lienholders, tow companies, charitable organizations, junk yards, etc. that refuse to retrieve Zombie Cars (vehicles of low values, vehicles with expired tags, salvage vehicles, ticketed vehicles, etc.).
Doan Law Surrender Services
These services are free of charge to you and ensure compliance with the Bankruptcy Code. Simply fill out the above form or call us and we will assist with your surrender duties. We will notify your lienholder by US CERTIFIED MAIL-RETURN RECEIPT REQUESTED to retrieve the vehicle within 10 days. If the lienholder refuses, the vehicle will be towed and stored at the lienholder’s expense. For vehicles that are completely abandoned by creditors, they are lien sold at auction. Regardless, time is of the essence and you no longer need to worry about future payments, parking tickets, storing the vehicle, expired registration, insurance, etc.
In the event lienholders interfere with a Debtor’s surrender duties under the Bankruptcy Code and/or refuses retrieval within ten (10) days’ notice by US Certified Mail-Return Receipt Requested, State and Federal Laws may be used to coerce creditor compliance with the Bankruptcy Code , including but not limited to lien sale provisions of California Civil Code 3068.1 and 11 USC 105 sanctions pursuant to Pratt v. General Motors Acceptance Corporation, 462 F.3d 14, (2006). Accordingly, Doan Law prevents lienholders from interfering with a Debtor’s “fresh start.”
Lienholder And Trustee Assistance
Lienholders: Doan Law provides valuable services to Lienholders by providing immediate Notice by US CERTIFIED MAIL-RETURN RECEIPT REQUESTED. Lienholders further benefit from DLF Vehicle Services by eliminating unnecessary stay relief motions, lowering retrieval fees and costs, eliminating confusion on collateral drop off locations, saving time and money in locating vehicles, saving time and money on tow companies and transportation costs of vehicles located throughout the Country, and avoiding exposure to contempt proceedings per Pratt v. General Motors Acceptance Corporation, 462 F.3d 14, etc. More importantly, these services are free of charge to lienholder when retrieval takes place within 10 possessory storage days.
Trustees: Doan Law provides valuable services to Bankruptcy Trustees and Bankruptcy Estates by limiting vicarious liability exposure, ensuring performance of Trustee duties under 11 U.S.C. § 704(a)(3), and reducing estate assets to investigate, store, safekeep, insure, etc. Since no fees are requested by Doan Law, Trustees also need not file any application to employ.
Call or Text (760) 450-3333 or Email to schedule your FREE PHONE CONSULTATION with a Bankruptcy Attorney. Hablamos Espanol.
At Doan Law our Bankruptcy Attorneys will answer all your Chapter 7 Bankruptcy and Chapter 13 Bankruptcy questions. Doan Law Firm is California’s Largest Family of Attorneys, Specializing in Bankruptcy and Non-Bankruptcy Alternatives.