QUESTION
Can I fix and register a car that was not declared in my mother's bankruptcy record?
Asked on Feb 17th, 2013 on Bankruptcy - North Carolina
More details to this question:
My mother declared bankruptcy almost two years ago. She didn't declare a vehicle that has expired tags in another state and has been sitting in my garage for 3 years now and needs major repairs in order for it to run. I have the unsigned title and would like to fix the car and register it because it’s no good to me as a garage ornament and have to push it in and out of my way. My mother is not willing to sign the title over or wants me to fix it so it can be more of a convenience. This car does have sentimental value to me because it was my grandfather’s and I have always taken care of it but was tired of the arguments. I let it be garaged and she did not take over the responsibility to keep the car running.
5 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
at
Law Office of D. L. Drain, P.A.
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This is called bankruptcy fraud. It is punishable by 5 years in prison and a fine of $250,000. Your mother needs to notify her trustee about the vehicle.
Answered on Feb 20th, 2013 at 8:45 PM
Debt Collection Attorney serving Chicago, IL
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Edelman, Combs, Latturner & Goodwin, LLC
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There is no way to get the title without her consent.
Answered on Feb 19th, 2013 at 8:18 PM
It is her car and she can do as she pleases.
Answered on Feb 19th, 2013 at 7:43 PM
Dennis P. Mikko
There is nothing that would prevent you from fixing the car. However, if your mother is not willing to sign over title, she would still own the car. Maybe it's time to tell her to take possession of the car and remove it from your garage. If this is really an asset of hers and she did not disclose it in the bankruptcy, she could find herself having a problem with the trustee if he/she were to find out.
Answered on Feb 19th, 2013 at 7:38 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
at
Love and Dillenbeck Law
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There are a few concerns here...since I don't know your relationship with your mother, I will assume the worst in my answer. First, if she didn't declare this vehicle as an asset, the trustee in her case never abandons it. Even if it had no value when she filed, if it is discovered, the trustee can attempt to take it to sell it. Next, if she won't sign the title over to you, there is only one other way to get the title depending on what state you are in, and that is to forge her signature. The owner has to sign away the title, and if she won't do this, you put yourself at risk of fixing the car and making it street worthy only for her to come and take it later. More so, because of the fact that the vehicle was undisclosed during her bankruptcy, I would not feel comfortable taking title to it.
Answered on Feb 19th, 2013 at 7:38 PM