Chattanooga, TN asked in Bankruptcy for Tennessee

Q: Is it possible to keep a vehicle that is not in your name, but you have been making all the payments and insurance?

the person whose name it is in is filing bankruptcy and us keeping their car and i cant refinance until the amount is lower. I am in Tennessee but the original owner is in another state.

Related Topics:
4 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: The logistics of getting a BR Order with the Trustee transferring Title will be difficult. Once the property is abandoned to the Debtor, he may be able to sign the Title. This assumes the Debtor listed the vehicle in his Petition. It will usually take two years for the BR Case to Close. If the latter will take too long or too much trouble, then forget about that vehicle being titled in your name, and right now it is subject to the Trustee grabbing it.

1 user found this answer helpful

Anna L Self
PREMIUM
Anna L Self
Answered
  • Bankruptcy Lawyer
  • Oklahoma City, OK

A: Generally, as long as the payments are paid on time on the vehicle you can keep it. It sounds like the person who is the legal owner of the vehicle is the one filing for bankruptcy so I would talk to their attorney. I would also be cautious making payments on a vehicle that my name is not on the title.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Possibly, if the Debtor uses an exemption to protect the property.

Michael Hollins Sr.
Michael Hollins Sr.
Answered
  • Bankruptcy Lawyer
  • Nashville, TN
  • Licensed in Tennessee

A: If your name is not on the vehicle title, then you are at the mercy of the bankruptcy debtor who it appears has control of the asset, and can make decisions on what happens with it. You should consider speaking with the debtor to determine if they are willing to make decisions that will keep the vehicle in your possession.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.