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CAN I INCLUDE A CREDITOR ON A BANKRUPTCY FOR A TITLE LOAN AND RETAIN THE VEHICLE

Cleveland, OH |

I RECEIVED A CAR TITLE LOAN FOR 1800. I PAID 1100 AND WAS TOLD THAT AMOUNT WAS ONLY TO REFINANCE. I RECENTLY FILED BANKRUPTCY. CAN I INCLUDE THIS CREDITOR AND RETAIN THE VEHICLE

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Attorney answers 3

Posted

You can and you should include this debt in your bankruptcy but the creditor isn't required to hand back the title to your vehicle unless & until the debt is paid in full. Once your bankruptcy is over or if the lender obtains a "lift stay" the lender will continue to have the right to repo the vehicle. Although some may chose not to do this, what will happen to you is not something anyone can predict without specific experience with the lender you have dealt with. Hope this perspective helps!

Susanne Ruiz Rodriguez

Susanne Ruiz Rodriguez

Posted

Ms. Bunce gave you a good answer. Additionally, if you are current on your payments, there should be no issues. You may be asked to sign a reaffirmation agreement and your lawyer should advise you of the pros and cons of doing so. If you are not current on your payments, then the creditor may ask the court for the vehicle. You may be able to negotiate with the creditor, but you should have an experienced bankruptcy attorney help you with this.

Charles Ross Smith III

Charles Ross Smith III

Posted

I agree with Attorney Bunce. But, I would add that you have the absolute right to "redeem" the car in the bankruptcy if you choose to do so. This means that if the lender has a $1,000.00 lien on your car, you can force the lender to give you clear title by filing an "Application To Redeem" the car at its market value. If the true "street" value of your car is only $500.00, that's what you pay. You will have to pay your attorney a little more for their work on the redemption.

Posted

This creditor has a lien on your car. Once the debt is paid off, they MUST return your title, with or without a bankruptcy. Talk with a BK attorney about this.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

Posted

Your question says that you already filed your case. Do you have an attorney? If so, your question should be addressed to him. If not, you should look at your filing and make certain that the lender was included. When you file, you are asserting that you have listed everything you own and everyone to whom you owe money. You also have to determine if the lender properly perfected its lien on your car. If so, they have rights in the car. If you do not have an attorney, you should probably get on, as a bankruptcy case is not a simple matter.

The above answer is in general terms, and is not meant as legal advice. In order to fully answer the question, more information would be needed.

Diane L Gruber

Diane L Gruber

Posted

If you are pro se you will find that preparing & filing an amendment is almost as difficult as preparing & filing the BK petition.

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