QUESTION
How can I get the title of a car I bought after filing for bankruptcy?
Asked on Jul 18th, 2012 on Bankruptcy - Texas
More details to this question:
Our trustee told us the lender did not perfect the title as required so the lender had no claim to the car saying, looks like you have a car with no payment. That was over 7 years ago and I would like to get rid of the car but can not sell it with no title.
11 ANSWERS
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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You need to go to the Michigan Secretary of State office nearest to you and make application for a title. You can tell them that you never got the original title or that it was lost. They will tell you what you have to do. I am sure you will need the VIN # for the car and the year it was made, the model information and the make.
Answered on Jul 30th, 2012 at 3:33 PM
Check with the Secretary of State. If your title shows no liens, then you can sell the car anytime.
Answered on Jul 26th, 2012 at 11:57 AM
Burton J. Green
Since your bankruptcy case appears to be over for several years, the trustee did not make any claim to the car. The title issue is not a bankruptcy issue. Go discuss the problem with your local vehicle registration agency. Someone at the agency should be able to tell you the steps to get a title issued.
Answered on Jul 25th, 2012 at 10:48 PM
This should have been taken care of at the time. It probably will require that the case be re-opened and more papers filed and the cost of doing that likely will be more than the car is worth. However, have you contacted the bank about this. They may be willing to give you the title if you lay this out to them. (They may also want to repo the car so be careful of how much information you give them. The best way may be to have a lawyer write them a letter.)
Answered on Jul 25th, 2012 at 1:41 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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If the title is free and clear you should be able to obtain a new title from the state's division of motor vehicles.
Answered on Jul 24th, 2012 at 1:02 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The lender did not perfect the lien on the car. You must contact that lender and try to get the title from them. If you cannot get it that way, you can go to the county office where you get license plates and fill out a lost title form.
Answered on Jul 23rd, 2012 at 6:11 PM
Depends on who has the title and whether the car was paid for. Does the bankruptcy trustee have it? Could be the trustee deserves it because it's paid for and worth more than the exemption and the Trustee is going to sell it. In that case, it might have been a bad choice to file a bankruptcy. Could be the Trustee has it, doesn't want it but forgot about it. Could be the creditor has it and the debt wasn't paid off so he took it as security for the debt - or he has it and the debt was paid off - in either case, you probably need a lawyer.
Answered on Jul 23rd, 2012 at 2:24 PM
Glen Edward Ashman
If you bought a car after filing BR, the BR does not discharge the debt and you have to pay to get title. If you bought the car before BR, the lien survives the BR and you also must pay to get title. If you never pay, you never get title.
Answered on Jul 23rd, 2012 at 1:43 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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May have to seek a lien and notice of sale to prefect title.
Answered on Jul 23rd, 2012 at 11:53 AM
That is a toughie- have to beg the secured creditor now to give you a release of lien on the car title. If they refuse, drop the vehicle off at the creditor's parking lot with the keys. Probably too expensive to file a Motion to reopen your very old bankruptcy case and try to have the bankruptcy judge order for you to have a free title.
Answered on Jul 23rd, 2012 at 11:52 AM
Family Attorney serving Hurst, TX
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Law Office of Eric A. Maskell
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Contact the original lender and demand the title. If they refuse to provide it then contact Texas Department of Motor Vehicles and pursue a lost title registration to have the vehicle re-registered in your name.
Answered on Jul 23rd, 2012 at 11:49 AM