QUESTION

Can I sell my car with no title? I filed a Ch. 7, and the car was a part of the bankruptcy and now they have it charged off and I have no title.

Asked on Nov 30th, 2023 on Bankruptcy Chapter 7 - Louisiana
More details to this question:
My car was charged off prior to the bankruptcy, the finance company has no interest in the vehicle especially once I filed the Ch. 7 bankruptcy and now, I'm interested in selling the vehicle, but I do not have the title. Is it possible to sell the vehicle without a title?
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1 ANSWER

Bankruptcy Attorney serving Gretna, LA
2 Awards
The finance company does NOT automatically lose its lien when a debtor files a bankruptcy case. Valid liens pass through and survive a Chapter 7 bankruptcy unless they are "avoided" (nullified) in an additional bankruptcy court proceeding. So although the Chapter 7 bankruptcy eliminated your personal obligation to pay back the finance company loan, the collateral that you put up in order to secure the loan (your vehicle) is STILL encumbered by the finance company lien unless the lien is cancelled by an order or a judgment signed by the bankruptcy judge. You cannot legally sell your vehicle without also tranferring the title to the new purchaser. The physical Certificate of Title is presumably being held by the finance company. It is unlikely that the finance company will give it to you out of the goodness of its heart. Talk to your bankruptcy attorney about this. You might have an additional problem if you are not maintaining full coverage auto insurance (including collision and comprehensive property damage coverage) on the vehicle.
Answered on Dec 01st, 2023 at 6:13 AM

We are licensed to practice in all federal, state, parish, and city courts in the State of Louisiana only. We are not admitted in any other state.

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