Magnolia, AR asked in Bankruptcy and Banking for Arkansas

Q: Can a bank lawfully withhold the title of my car.if the chapter 13 was dismissed..and the bank wrote the loan off

Related Topics:
2 Lawyer Answers
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
Answered
  • Bankruptcy Lawyer
  • Boyertown, PA

A: Yes. Until the underlying debt is fully paid, the bank can retain the title.

When a bankruptcy case is dismissed, all debt obligations are treated as if the bankruptcy never happened.

In addition, the grant of a discharge in a bankruptcy case (you didn't get that far) doesn't discharge a perfected lien against any of the debtor's property (to discharge a perfected lien in bankruptcy, it must be a junior lien, and there must not be even one dollar of equity value in the property to which the junior lien can attach).

A 'write-off" of a debt by a creditor is just an internal accounting function. It does not alter any outstanding legal obligation to repay.

Lloyd Nolan agrees with this answer

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

A: Yes.

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.