Surrender cars Chapter 7

[hescrazy]

I filed for chapter 7 and just had my 341 meeting two weeks ago. I was listed as "no assett's."

I listed all my autos on the paperwork. My ex husband still has two of our cars and an ATV and helped himself to the titles before he moved 4 states away. We do not talk because I had a restraining order placed on him before he left.

The two cars, Dodge stratis and saturn vue are in both our names. He has the titles. When I did a search by VIN one car was sold and my name was on the title registered in the state we used to live in. I never sold that car or signed off on the title. Not sure what to do. My attorney said to list it because I never signed off or sold it. the saturn still shows as liscenced but not insurred with current tags. Once again BOTH ARE IN OUR NAMES and paid for. I want to liquidate those assets to pay down my Nissan auto loan before I sign a reaffirment. It should bring my owed balance down to about $1500.00 from $8700.

Can the judge issue a court order for these to be surrenederd and either give the titles to the local bank that holds my nissan auto loan or allow my bother and I to go to the local police in his town with documents saying I have the right to take the joint owned cars and ATV?



How do I get the court to

[newbie2]

I filed for chapter 7 and just had my 341 meeting two weeks ago. I was listed as "no assett's."

I listed all my autos on the paperwork. My ex husband still has two of our cars and an ATV and helped himself to the titles before he moved 4 states away. We do not talk because I had a restraining order placed on him before he left.

The two cars, Dodge stratis and saturn vue are in both our names. He has the titles. When I did a search by VIN one car was sold and my name was on the title registered in the state we used to live in. I never sold that car or signed off on the title. Not sure what to do. My attorney said to list it because I never signed off or sold it. the saturn still shows as liscenced but not insurred with current tags. Once again BOTH ARE IN OUR NAMES and paid for. I want to liquidate those assets to pay down my Nissan auto loan before I sign a reaffirment. It should bring my owed balance down to about $1500.00 from $8700.

Can the judge issue a court order for these to be surrenederd and either give the titles to the local bank that holds my nissan auto loan or allow my bother and I to go to the local police in his town with documents saying I have the right to take the joint owned cars and ATV?



How do I get the court to

This is something that should have been worked out during your divorce. It sounds like the trustee in your Chapter 7 doesn't want the cars (exempt?) as your case is listed as a no asset. A bankruptcy judge isn't going to issue an order to return the cars unless the trustee wants them for your unsecured creditors.

Did you have an attorney for your divorce?

[SMinGA]

Perhaps you misunderstand what it means to surrender a car in bankruptcy? That is when you have a car with a loan or lease and you decide to give the car back to the lender, and not pay for it anymore.

The bankruptcy court is not going to be a mediator between you & your ex, and it seems like this is what you need. What was said about the cars in your divorce decree? If nothing, you could claim 1/2 the value of them and file in small claims court against your ex. The only way you will use that to pay down your current vehicle loan though is if you prevail & your ex pays you, or if you are granted the vehicles and manage to sell them.