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    property question

    I was discharged this month, in the summer of 2008 i bought a pontoon boat and trailer for 7500 from a friend. I took out a loan but their was never a lien, in my state boats under 18ft require no title. The bank called asking for the property back, my question is this. What would happen if I said I sold it. wouldn't it be the same as credit card debt that gets charged off? The reason that I ask is it is located about 5 hrs away and I cant get to it until summer.
    Last edited by logansdad; 03-30-2010, 11:02 AM.
    Filed CH 7 12/1/2009
    341 Meeting 01/20/2010
    Discharged 3/22/2010
    Closed 3/29/2010

    #2
    Ask the Bank to produce the certificate of title indicating a lien. Otherwise, inform them that the debt was discharged in the bankruptcy. Don't... make up stories about selling it.

    If it's in storage somewhere, and they have a valid lien, just tell them where it is. However, make sure that they actually produce a certificate of title with the recorded lien... OR... the chattel and UCC-1 form that was recorded. (Note that not all property is recorded via title, some are recorded via UCC-1.)
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      If there wasn't a lien, how would the bank know that you borrowed the money to purchase a boat? Curious to hear what the bank says when you ask them to produce documentation.
      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.

      Comment


        #4
        Originally posted by newbie2 View Post
        If there wasn't a lien, how would the bank know that you borrowed the money to purchase a boat? Curious to hear what the bank says when you ask them to produce documentation.
        Sometimes there is a lien but it's recorded in the "secured transaction registry" which handles UCC-1s. This is especially important to remember since the poster's State doesn't require a title for boats under 18ft.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment


          #5
          well it turns out the repo guy showed up at the marina and snatched it. I have a lot of poles a fish finder and tackle box what do I do now?
          Filed CH 7 12/1/2009
          341 Meeting 01/20/2010
          Discharged 3/22/2010
          Closed 3/29/2010

          Comment


            #6
            They will send it to your last known address. Hopefully, you updated them with your current address.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

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