After my BK....

[AfterB]

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?

[OhioFiler]

Why do you want to get rid of it? Just keep driving it.

[AfterB]

Why do you want to get rid of it? Just keep driving it.

I have already replaced it and there is something wrong with it...it will not pass emissions

[Dannmcg357]

is 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.

[AfterB]

is 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.

Its not a local bank....its a bank that is 3 states away from me. Any other options? I was thinking I could unregister it and notify the bank that I will start charging them a storage fee that will be billed out @ $25 a day...

[frogger]

Park it in a tow-away zone. It'll be gone before you know it!

[AfterB]

Park it in a tow-away zone. It'll be gone before you know it!

wouldn't the towing company come after the last registered owner?

[BKDefender]

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,
William

[AfterB]

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,
William

Well I have sent a request to them for clean title in exchange for a little bit of cash. I am hoping they take that and give me clear title so I can sell it...but we will see thanks for all the help

[Dannmcg357]

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.

[LadyInTheRed]

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.

Yes, they won. The bankruptcy court ruled against them, so they appealed to the district court. The district court upheld the bankruptcy court's decision. The Pratts then appealed to the Court of Appeals who reversed the district court's ruling and "remanded" the case (meaning they sent the case back) to the bankruptcy court to determine damages that GMAC should pay to the Pratts.

[BKDefender]

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.

--William

[Dannmcg357]

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 figure

[SMinGA]

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.

[AfterB]

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.

USAA is the ones I am dealing with...I owed 4K on the car they will not pick up...its a 97 es300