QUESTION

Do I have the right to take back aftermarket parts after a repossession?

Asked on Jun 13th, 2014 on Bankruptcy - Colorado
More details to this question:
I had my vehicle repossessed the other day. I also have the receipt to show I was the one that purchase the parts for the vehicle.
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5 ANSWERS

Generally, accessories and parts that are affixed to a vehicle become part of the vehicle. It is unlikely that you will be able to force the return of the parts.
Answered on Jun 17th, 2014 at 10:45 PM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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In order to determine if the lender has the right to keep aftermarket parts added to a vehicle that has been repo'ed it would be necessary to read the documents to see what the rights of the lender and the owner are. However, I can't imagine a lender that would make car loans and not put in a provision that allows them to repo the car "as is" with any modifications that have been made to the car. Can you imagine that the lender would want a repo car where they'd have to remove, say, aftermarket rims, wheels and sound system, give those to the owner then they'd be left with a car missing those components. The lender wouldn't get much at auction for a car up on blocks and with a bunch of wires hanging out the holes where the radio and speakers were.
Answered on Jun 17th, 2014 at 10:45 PM

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The question may eventually turn on the chapter you file and the jurisdiction in which you live. To start at the end, if you were able to separate the parts from the vehicle, how would the parts be treated in bankruptcy? Does your jurisdiction have an exemption for the parts that would allow you to keep the parts if they had never been installed on the vehicle? If you were filing a Chapter 13, the estate may keep assets that are necessary to reorganization even if they are not specifically exempt assets. If is unlikely that a court would find after market parts, not attached to a car, ?necessary? for reorganization. There are a number of factors that could be reviewed. Are the parts fixtures? Fixture considerations apply to both real and personal property. They are generally items that are attached to a larger property, adapted for use in the larger property, and intended to be permanently attached. The precise definition of fixtures varies by jurisdiction, however. Next is the question of priority in security interests. Is there a perfected security interest in the fixture if the parts qualify for such separate treatment? Article 9 of the UCC, controls the sequential right of possession between interested parties. The bankruptcy trustee would have the right of possession after any creditor with a perfected security interest but before the debtor. So, that brings us back to initial question, if the debtor does not have an exemption in the jurisdiction that applies to the parts, there is no reason to determine if the parts can be considered separate from the vehicle. Normal 0 false false false EN-US X-NONE X-NONE.
Answered on Jun 17th, 2014 at 10:45 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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One parts are attached, they become part of the vehicle. You have no right to remove any attached parts once they are attached.
Answered on Jun 17th, 2014 at 10:45 PM

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The car lienholder gets everything, unless you negotiated something different in the purchase contract (which is highly unlikely).
Answered on Jun 17th, 2014 at 9:34 PM

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