Birmingham, AL asked in Bankruptcy for Alabama

Q: If I filed chapter 7 and serrender a car. But the company never came to get the car. The car was total I'm i entitled t

I'm i entitled to the money

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1 Lawyer Answer

A: If the lender's lien on the car was not redeemed in your Chapter 7 case ( see 11 U.S. Code Section 722), then technically it remains attached to the title of the vehicle until they file a an Alabama Form MVT 5-63 ( Application for Releas of Lien). One factual item not included in the question was whether there was an insurance payment to the lender to pay off the lien. It is possible the lender agreed to release the lien as part of acceptance of the insurance settlement, which may have been less than what was owed on the car. Also, check to see if you had gap insurance for the difference between the amount owed and the amount paid by the insurance company. If there was no insurance policy for the vehicle. the lien remains on the car and you would need to contact the lender to negotiate their release of the lien. They may demand that you pay money for the release ( such as their filing costs, salvage value or higher with respect to the vehicle, etc). If you are completely stuck in this situation in terms of bankruptcy law, you can file a Chapter 13 bankruptcy case 4 years after the Ch 7 case was filed ( I am assuming you were issued a Discharge Order in the Chapter 7 case as the basis for this statement) wherein you could "cram down" the amount owed on the car to a very small amount in a Ch 13 plan set up to run 36 months. If you do not have a lot of other debt, and the Plan is confirmed at 100% to unsecured creditors, you can pay the Ch 13 case off early, as soon as you have the payoff amount. The payoff amount will be available at the Ch 13 Trustee's Office in your District approximately 30-60 days after the deadline for creditors to file a Proof of Claim ( as long as the Plan is confirmed before that date). For further information, contact a lawyer who practices in the area of consumer bankruptcy law.

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