auto loan discharged in bankruptcy, Oct '05. company has refused to pick vehicle up since. what should I do?

Question

bankruptcy, auto loan, legal

Answer 1

You need to advise the Trustee, in writing, in your case of the situation, unfortunately, you cannot dispose of the vehicle as you don't own it anymore....and "cc" the auto company of your letter to the trustee....you just need to cover yourself in the event something happens to the vehicle.

Basically, it's "CYA" time.

Answer 2

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Answer 3

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RE Auto loan discharged in bankruptcy, Oct '05. company has refused to pick vehicle up since. what should I do?

bankruptcy, auto loan, legal

Answer 4

if the loan was discharged in bankruptcy, and the company refuses to pick it up, thren the car belongs to you, you can do with it whatever you want too, but it is going to be extremely difficult to get the titile from the company.

My suggestions is to call the company, and tell them they have 30 days in which to remove the vehicle from your property, also send them a written letter registered mail, so someone has to sign for it, that way you have proof that the company received the letter.

If they do not pick the vehicle up, with in that period of time, then you are free to do with the vehicle whatever you want to, and be able to get a title for the vehicle under an abandoned vehicle claim.

Answer 5

Was this vehicle reaffirmed in your BK? If the thing is registered, tagged, and titled....insured...I'd keep a driving it till the repo man arrives...Just make sure you don't have any possessions in the vehicle.. for that Just in Case the repo dude swipes the car in the middle of the night.

Call the Lender...and ask WHAT:S up....and why haven't they picked this car up!.

Call your attorney that handled the BK and let them know the car hasn't been picked up. This is very unusual. The repo man usually arrive after 3 missed payments!

Answer 6

Have a friend follow you to the office of the lender. Park the car in their parking lot on on the street in front of their office. Write a letter to them informing them that you are returning the car and put the key in the envelope. Hand deliver the envelope and get the name of the person accepting delivery. Take a time-stamped picture of the car where you parked it. Get a ride home from your friend.

Or talk to the attorney who handled your bankruptcy for advice.

Answer 7

if you got a lawyer to file your bankruptcy papers and fill them out you should contact them immediately. but if you filled out your own paperwork and filed yourself then if i were you i would get a lawyer now. unfortunately it has become such that you must speak fluent legal jargon to face anyone in any legal proceedings. typically the rules are that your creditors are not allowed to contact you about anything after you file for bankruptcy they are then supposed to only contact your representation. so best thing for you to do my friend is to CYA. sad but true, good luck

Answer 8

You can try to bill them for parking... check out local laws because you may be able to get a new title for it in your name since it is ABANDONED by the company. You could also ask the city to haul it off since the owner has left it there.

Answer 9

when the cars less than 2 thousand its yours then after the discharge tyhats why they wont come get it call your lawyer thats a problem with him he should have told you all the resulting things like what to return and so on but if its street legal drive that puppy

Answer 10

that happened to me.as long as you have the registration you can drive it.we drove the car for about 2 yrs untill it broke down then i junked it.