Doan Law Firm 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 thru our surrender department, DLF Vehicle Services. Pick up is immediate(usually same day) and easy. There is also no additional fee for these services! Just give us a call!
Begin Your Surrender Here:
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 the 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 the Surrender option, 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 unnanounced repossessions in the middle of the night and embarrassment in front of neighbors; 5) Surrendering vehicles at the 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) Surrender interference 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.).
DLF Vehicle Services
Doan Law’s Surrender department, DLF Vehicle Services, has eliminated Creditor interference against debtors in performing their surrender duties. Simply fill out the above form or call us and DLF Vehicle Services will work with you at your convenience to retrieve, transport, secure, and store the secured collateral for the lienholder. These services are free of charge to you and ensure compliance with the Bankruptcy Code. Pick up is immediate(usually same day) and easy.
Lienholder And Trustee Assistance
DLF Vehicle Services provides valuable services to Lienholders by securing collateral for immediate pickup. Lienholders are also immediately notified of the Surrender the same day as pickup 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.
DLF Vehicle Services 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 DLF Vehicle Services, Trustees also need not file any application to employ.
In the event lienholders interfere with the Bankruptcy Code’s surrender duties and/or refuses retrieval within ten (10) days’ notice by US Certified Mail-Return Receipt Requested, DLF Vehicle Services invokes State and Federal Laws to force creditor compliance with the Bankruptcy Code, including but not limited to the 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, the clients of Doan Law can rest assured that that lienholders can no longer interfere with a Debtor’s “fresh start.”
The San Diego Bankruptcy Attorneys of Doan Law Firm are California’s Largest Family of Attorneys, Specializing in Bankruptcy and Non-Bankruptcy Alternatives. Our Bankruptcy Attorneys will answer all your Chapter 7 Bankruptcy and Chapter 13 Bankruptcy questions. CLICK HERE to meet with one of our expert bankruptcy attorneys at any of our San Diego Bankruptcy offices. Hablamos Espanol.