Chapter 7 bankruptcy, automobile title, auto exemption

Asked almost 6 years ago - Cleveland, OH

My Chapter 7 discharged in 2005. My car, which had several payments left at the time, was included in the bankruptcy. A staff member at the credit union claimed that they never received notice of the bankruptcy at the time of the filing which would be impossible for the proceedings would have never come to completion if this were the case. However, I recently [July'08] contacted my attorney for my case asking him to forward another copy of the motion to file and discharge documentation. The staff member received the documentation and forwarded it to their attorney. Upon persistent follow-up for a reply, I was finally told that their attorneys advised them there was nothing they could do [the bankruptcy was final]. When I asked what to do with the car, the staff member said "she did not want the car"; when I asked for the title, she refused. This car is sitting in my garage and I'd like to get it out. What stress-free solution can you offer me?

Attorney answers (2)

  1. Frank Joseph Rozanc

    Contributor Level 6

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    Answered . You could ask the credit union what remains to pay on the vehicle, and offer that in exchange for the title. If they won't accept that, there's not much more to do, as the credit union's security interest is still valid, even though they can't go after you on it.

  2. Lesley Abigail Hoenig

    Contributor Level 14

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    Lawyer agrees

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    Answered . I would suggest contacting your bankruptcy attorney about helping you. It might cost you something, but there is no reason why you can't either get the title or turn the car over to them. I'm guessing the lender doesn't deal with a lot of bankruptcies.

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