Phoenix, AZ asked in Bankruptcy for Arizona

Q: I filed jointly for a CH 13 Bankruptcy in 2018. My spouse died in 2020 and I was still paying off his auto within the

plan. I asked to surrender the car and the creditor was informed. Creditor has not taken the car. Can I get the title from the creditor with lien release?

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

A: You. An if the car is paid off or the plan has been completed.

Diane L. Drain
Diane L. Drain
Answered
  • Bankruptcy Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Great question, but it would be necessary to gather a lot more information in order to help you determine your rights. First - contact your attorney. They should know why you filed the bankruptcy and what you want to accomplish. If you did not use an attorney (good job getting this far because less than 2% can complete a chapter 13 without an attorney). If you did not, or do not have an attorney, then contact the folks at the Arizona Bankruptcy Court's Self-Help Center.

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