QUESTION

If bankruptcy has been discharge and my vehicle is paid for, why won't the bank release the title?

Asked on Jul 17th, 2017 on Bankruptcy - Nevada
More details to this question:
If I give them the vehicle, is there anything that can be held against me? I don't want the vehicle and I can't junk it or sell it without title.
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3 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Lender who have discharged loans secured by junkers often try to squeeze a payment out of the debtors by refusing the release the title. Send them a letter threatening them with a motion for contempt of court for violation of the discharge injunction and they will usually turn over the title - free and clear. If not, talk to a lawyer about filing the motion for contempt. The best thing about contempt motions is the lender pays the attorney fees.
Answered on Jul 20th, 2017 at 10:29 AM

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Bankruptcy Attorney serving Cleveland, OH at Benson Law Firm
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If a phone call and a letter gets you nowhere, file a complaint with the Better Business Bureau and talk to the Consumer Protection Section at the Ohio Attorney General's office in Columbus. That should get their attention.
Answered on Jul 20th, 2017 at 10:29 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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It is likely that the bank will not release the title because the loan was either cross collateralized or subject to a set off provision. If you owed the bank other debt, this other debt, even if it appeared to be unsecured, was also secured by the vehicle. It is too bad you did not have better representation in your bankruptcy because there may have been solutions to resolve this problem. After the discharge is entered, it is too late to do much. You are welcome to return the vehicle to the lender, but to junk it without the lender consenting could subject you to criminal charges.
Answered on Jul 19th, 2017 at 4:43 PM

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