Q: My vehicle was included in chap 7 ober 8 years ago. Bank claimed they would repo but never came. What r my rights?
Id like to purchase a new vehicle but don't have the title. My old car is a 2011. I wanted to resume payments on this car but the bank stated they would only accept payment in full or it would be subject to repossession. That was 8 years ago and the bank never came for the car. How can I obtain the title or do I even need one. Thanks
Ed
A: What you describe very well may be a violation of the discharge injunction under 11 USC 524. Feel free to email me at wamann@amburlaw.com to discuss possible next steps.
Timothy Denison agrees with this answer
A: You can order a duplicate title from the Department of Transportation.
A:
If the vehicle was included in a Chapter 7 bankruptcy over eight years ago, the debt tied to the car was likely discharged, meaning you are no longer personally responsible for paying it. However, the lender still holds a lien on the title since they never repossessed the car or released the lien. Without the title, selling or registering the car may be difficult.
You can contact the lender to ask about obtaining the title or releasing the lien. They may ask for full payment of the balance due on the vehicle, but given the time that has passed and the car's age, you could try negotiating a resolution. Be prepared to provide evidence of the bankruptcy discharge if needed. If the lender remains unresponsive or uncooperative, looking into state-specific processes for obtaining a title through your Department of Motor Vehicles (DMV) may be helpful. Some states have mechanisms for obtaining a title when a lienholder fails to act.
If you're looking to buy a new car, you don't necessarily need to resolve this old vehicle issue to move forward. However, dealing with the title may simplify your finances and help you avoid future complications. It’s a good idea to weigh the cost of resolving the lien against the current value of the car to decide if it's worth pursuing.
Timothy Denison and Martha Warriner Jarrett agree with this answer
1 user found this answer helpful
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