QUESTION

What can be done with a boat when the note has been discharged in bankruptcy, but the bank would not take possession?

Asked on Apr 10th, 2014 on Bankruptcy - Maine
More details to this question:
$8000 was owed on the boat when the note was discharged. The bank says use the boat or pay $4000 to release the title. The boat has been idle for a number of years and is not worth $4000. Without paying anything to the bank can the boat be sold, given away or donated to charity?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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What you can do with this boat is simply enjoy it. As you do not have the title, you do not legally own the boat. Since you do not legally own the bulk there is no legal way for you to sell it, give it away or even donated to charity. If I were you since you had registered in the past, you will be able to keep registering in the future without the title. But you will not be able to transfer it to anyone, under any circumstances. This is a secured debt and even though bankruptcy had discharge your obligation to pay the debt, it did not destroy the collateral interest the bank has in the boat. The bank would simply write this off as a loss and unless you pay the $4000 you owe they will not give you the title. So essentially you can either use the boat, take it apart and sell the pieces individually or you can scrap the boat, but under no circumstances can you attempt to transfer ownership to any other person or entity, even if it's in a charity. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 11th, 2014 at 12:26 PM

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