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surrendered car in plan, creditor won't take possession

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    surrendered car in plan, creditor won't take possession

    Is there anything that can be done to force a secured creditor to either take possession of a surrendered vehicle or, alternatively, to sign over the title to the debtors so they may dispose of it properly? Perhaps a motion to compel? The creditor says the vehicle isn't worth the cost and there isn't a local branch where the debtors could take it. Chapter 13 trustee says he doesn't know of anything that can be done...
    Comments are not, nor are they intended to be, legal advice. Replies to posts do not creat an attorney-client relationship. You should consult an attorney for advice regarding your individual situation.

    #2
    Originally posted by wabkatty View Post
    Is there anything that can be done to force a secured creditor to either take possession of a surrendered vehicle or, alternatively, to sign over the title to the debtors so they may dispose of it properly? Perhaps a motion to compel? The creditor says the vehicle isn't worth the cost and there isn't a local branch where the debtors could take it. Chapter 13 trustee says he doesn't know of anything that can be done...
    I didn't go to law school as you did, but I would think a motion to compel or some-such other fancy motion would force the creditors hand. Perhaps one that forces the creditor to release the lien and send a clear title to the debtor in lieu of the creditor taking responsibility for picking it up?
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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