I listed a car on my bk and now that the bk is complete the bank with the lien on the car is not interested in coming and getting it...nor will they release the title's lien. How do i get rid of this car?
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Originally posted by Dannmcg357 View Postis it s local bank? if so can you just park in in their lot and mail them the keys? That is what I plan to do if I have this problem.
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If your case has been discharged but has not actually been closed, you might file a 'motion to redeem' for $10.00 and include a proposed order with it to put them on the defensive. Then if they don't respond the judge can issue the order and you will have a court order that says you can pay $10.00 to the lien holder and the court will then order they transfer clear title to you.
If you don't want to do that, then send a letter, via certified mail return receipt requested, to the attorney for the bank/lender/lienholder telling them that they need to either take possession of the car or give you clean title to the car so you can dispose of it. That was what was used in 'In Re Pratt' against GMAC. When GMAC did not do either, Pratt's attorney filed a motion for sanctions for violating the bankruptcy discharge. It was upheld in the 1st circuit court of appeals (Main, New Hampshire, Massachusetts, Rhode Island) which makes it a persuasive decision in other circuits.
Check out: http://bulk.resource.org/courts.gov/...4.05-2453.html
Good luck,
WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship.
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Originally posted by BKDefender View PostIf your case has been discharged but has not actually been closed, you might file a 'motion to redeem' for $10.00 and include a proposed order with it to put them on the defensive. Then if they don't respond the judge can issue the order and you will have a court order that says you can pay $10.00 to the lien holder and the court will then order they transfer clear title to you.
If you don't want to do that, then send a letter, via certified mail return receipt requested, to the attorney for the bank/lender/lienholder telling them that they need to either take possession of the car or give you clean title to the car so you can dispose of it. That was what was used in 'In Re Pratt' against GMAC. When GMAC did not do either, Pratt's attorney filed a motion for sanctions for violating the bankruptcy discharge. It was upheld in the 1st circuit court of appeals (Main, New Hampshire, Massachusetts, Rhode Island) which makes it a persuasive decision in other circuits.
Check out: http://bulk.resource.org/courts.gov/...4.05-2453.html
Good luck,
William
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my head hurts, did the Pratts win the case or not? lol
I am curious how this turns out, I believe I am going to end up in the same situation with a Saturn ION with damage to the rear axle, bad tires, and under water big time.Filed CH7 Feb 12 2010
341 March 18
Discharged...May 18
Awaiting closing...
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Originally posted by Dannmcg357 View Postmy head hurts, did the Pratts win the case or not? lol
I am curious how this turns out, I believe I am going to end up in the same situation with a Saturn ION with damage to the rear axle, bad tires, and under water big time.LadyInTheRed is in the black!
Filed Chap 13 April 2010. Discharged May 2015.
$143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!
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yeah - what she said :-)
The take-away from that case is that now in the 1st circuit, if a lender refuses to repossess the car but refuses to let the debtor dispose of the car, then their actions are basically saying "Unless you pay me money we won't do anything" which is a demand for payment of a pre-petition debt and thus a violation of the bankruptcy stay/discharge.
--WilliamI am an attorney, but I am just not your attorney.
As such, any statement is not intended to create an attorney/client relationship.
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ahh! Gotchya.
I read posts from people on here about this often so I figure it is common. I expected more problems with local finance company or small CU's rather that GMAC. Go figureLast edited by Dannmcg357; 03-01-2010, 12:15 PM.Filed CH7 Feb 12 2010
341 March 18
Discharged...May 18
Awaiting closing...
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Useful info... I expect to have this problem. Have a 2002 Taurus in my driveway, only $1600ish owed but the engine is shot. USAA is the lienholder, can't drive it let alone deliver it to USAA in TX! I doubt they are going to want to invest anything in picking it up. Yet I don't want it stuck in my driveway forever.Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
(In the 'planning' stage, to file ch. 13 if/when we have to.)
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Originally posted by SMinGA View PostUseful info... I expect to have this problem. Have a 2002 Taurus in my driveway, only $1600ish owed but the engine is shot. USAA is the lienholder, can't drive it let alone deliver it to USAA in TX! I doubt they are going to want to invest anything in picking it up. Yet I don't want it stuck in my driveway forever.
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