More details to this question:
I voluntarily returned a vehicle in my chapter 7 bankruptcy. The finance company never picked up the vehicle and it was eventually towed on 6/30 for being parked on the street with expired registration. I was granted my discharge on 7/1. Am I responsible for the towing charges? The finance company was advised on 4/22 where they can pick up the vehicle. The registration expired on 4/30. Any feedback is appreciated. Thanks.
4 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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As long as your name is on the vehicle, you're responsible for all towing and other charges arising from the vehicle. The finance company has the right but not the obligation to pick up the vehicle. Lenders often don't want to bother with low value vehicles.
Answered on Aug 31st, 2016 at 6:26 PM
Although you say you voluntarily returned a vehicle in your Chapter 7, what you are describing is only signing a statement saying you INTENDED to return the vehicle, which is not the same thing at all. Returning a vehicle means you drove the vehicle to the lender?s place of business and turned in the keys to a responsible person. If you failed to take these steps, you need to understand that once your bankruptcy is filed, any debts you make afterwards are yours to pay.
Answered on Aug 31st, 2016 at 6:26 PM
No, you are not responsible.
Answered on Aug 31st, 2016 at 6:26 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you can prove notice to the creditor on 22 April, then the towing charge is probably their responsibility. But you might have to duke it out in BR court.
Answered on Aug 31st, 2016 at 6:25 PM