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The finance company does NOT automatically lose its lien when a debtor files a bankruptcy case.
Valid liens pass through and survive a Chapter 7 bankruptcy unless they are "avoided" (nullified) in an additional bankruptcy court proceeding.
So although the Chapter 7 bankruptcy eliminated your personal obligation to pay back the finance company loan, the collateral that you put up in order to secure the loan (your vehicle) is STILL encumbered by the finance company lien unless the lien is cancelled by an order or a judgment signed by the bankruptcy judge.
You cannot legally sell your vehicle without also tranferring the title to the new purchaser. The physical Certificate of Title is presumably being held by the finance company. It is unlikely that the finance company will give it to you out of the goodness of its heart.
Talk to your bankruptcy attorney about this. You might have an additional problem if you are not maintaining full coverage auto insurance (including collision and comprehensive property damage coverage) on the vehicle....
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The finance company does NOT automatically lose its lien when a debtor files a bankruptcy case.
Valid liens pass through and survive a Chapter 7...
Read More