QUESTION

Can I register this bike in my name if he has signed the title over to me and it is paid off?

Asked on Jul 12th, 2016 on Bankruptcy - Nevada
More details to this question:
I bought a motor cycle from my uncle. After I paid him, I found out he was in bankruptcy. He says they want the bike.
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3 ANSWERS

I don't know what kind of lawyer your uncle had, but either the uncle did not tell the lawyer all he should have, or the lawyer was not on the ball. The first question is: was the motorcycle exempted on uncle's Bankruptcy papers? (You can go to the Clerk of the Bankruptcy Court and ask to see his file check Schedules B and C.) If it was, and 30 days have passed since uncle's Meeting of Creditors without objection, he is free to sell it to you. (That is, he might not be telling you the truth.) Second, you might want to contact the BR Trustee in his case to see if he or she really wants the bike. Even if they do, your uncle might be able to deal with it by turning over the money you paid for the motorcycle, instead of the cycle itself.
Answered on Aug 09th, 2016 at 6:43 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Did you pay him before or after the date he filed his bankruptcy. If you paid him before he filed the bankruptcy, the bike is yours. You probably just have to explain the circumstances to the trustee, although it would be helpful if you paid by check, etc so you can prove when you made the payment and the show them the date the title was signed over. If you bought the bike after the bankruptcy, he didn't have the legal right to sell it, so you might be caught in the middle because the trustee has the right to take the bike and your only way to get the money back is suing your bankrupt uncle.
Answered on Aug 08th, 2016 at 4:41 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It sounds like the bankruptcy court is saying that your uncle committed a crime by signing over the title to the bike to you. Even if you do not care if your uncle faces criminal charges, if he had no legal right to give the bike to you, you can be sued in civil court for the return of this property. This is not a joke.
Answered on Aug 08th, 2016 at 4:40 PM

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