QUESTION

How do I get my name off the title of my second car I didn’t carry through bankruptcy?

Asked on Dec 17th, 2013 on Bankruptcy - Colorado
More details to this question:
I just filed bankruptcy and it was discharged this week. My question is I had signed for a car with my ex. I did not carry the car through bankruptcy but now how so I get my name off the title since my ex isn't refinancing the car but still making payments.
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5 ANSWERS

Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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You can't take your name off the title to a vehicle without physical possession of the title. Since the lender has possession of the tile, all you can do is sign a bill of sale indicating that you transffered your interest. But that may not accomplish the goal you have in mind.
Answered on Dec 20th, 2013 at 8:35 AM

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Bankruptcy Attorney serving Las Vegas, NV
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Bankruptcy does not remove your name from title. However you have discharged any liability relative to the car.
Answered on Dec 18th, 2013 at 12:21 PM

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Bankruptcy Attorney serving Salem, OR
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You can't unless his lender will cooperate with you. Typically, you have to wait until he pays it off, then when they send him the title, you can sign off and he can take it to the DMV to get the title only in his name. Car lenders do not want to resubmit stuff to the DMV later on as it has no benefit to them.
Answered on Dec 18th, 2013 at 12:21 PM

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Deborah F. Bowinski
When you file bankruptcy there is no option to "not carry" a debt through the bankruptcy with you. You signed all sorts of papers under penalty of perjury stating that you disclosed ALL of your debts. What you SHOULD have done was to list the second car both as an asset and as a debt, and then surrender your interest in the car to both the lender and your ex. Those statements under penalty of perjury are not to be taken lightly. In Colorado, an unlisted debt is generally included in a discharge unless the creditor would have had reason to object to dischargeability. If your divorce decree awarded the car to your ex then you are probably okay. The safest thing is to make sure that your ex follows through and gets a refinance done.
Answered on Dec 18th, 2013 at 12:20 PM

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Bankruptcy Attorney serving Omaha, NE at Heineman Law Office
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If I am understanding the question, you are either on the title and/or the loan to a vehicle but you did not list it in your bankruptcy. If these circumstances are true then you have violated the bankruptcy code by not listing all your creditors and all your assets. You should talk to your attorney about possibly reopening your bankruptcy to correct the problem. You should not attempt to remove your name from the title until you correct the first problem.
Answered on Dec 18th, 2013 at 12:20 PM

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