QUESTION
If I filed for bankruptcy and was discharged however the bank will not release the title and the vehicle is paid for, is this legal?
Asked on Jul 16th, 2017 on Bankruptcy - Ohio
More details to this question:
I filed for bankruptcy and was discharged however the bank will not release the title and the vehicle is paid for. They said the filed something against the bankruptcy but it was discharged. The vehicle is no longer working and I don't want it so If I decide to let them come and get the vehicle at this point will it be something held against me? I cant sell the vehicle or take it to the junk yard.
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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First, look at the documents filed in your bankruptcy on PACER.gov. Did the bank make a filing to exempt the vehicle from the bankruptcy? If not, send the bank a letter demanding that they release their lien and give you title within two weeks or you'll file a motion for sanctions with the bankruptcy court.
Answered on Sep 29th, 2017 at 10:43 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you did not reaffirm the debt, you can 'surrender' the vehicle to the creditor. The underlying debt will have been discharged. Good Luck.
Answered on Sep 29th, 2017 at 10:43 AM