Expert: Mark J. Markus- California Bankruptcy Attorney - 1/14/2008

Question
In Aug. 2005 I filed Ch. 7 with no hassle it was discharged and closed Dec 05. On my BK I listed a Truck we have  -(we used on of those title loan companys to get xtra cash on a car we already owned) - well that too was discharged - however they will not release the lein . .it is now 2008 - we have the truck - we called for them to come get it - we asked to donate it - they will not let us do anything and now the car is not running - we want to sell it - but we can't due to the title issue . .what can we do? I called my trustee - he said it is no longer in his hands . . I filed Pro Se with the advice of former BK filers - what can I do - my husband is in the military - we are going to get orders and can not take this with us . . PLEASE ADVISE . .

Answer
They have to release the lien if it is paid off. They are refusing to release the lien if you sell it and pay them in full?  That doesn't make any sense.  You might want to check with the department of motor vehicles in whatever state you live in to find out what you can do with the vehicle.  If there is some salvage yard or something where you can legally leave the vehicle, I would do that, but send them a letter first telling them that's what you will do if they don't pick it up within a specified period of time.  Another idea is to reopen your bankruptcy case and do a motion for redemption on the vehicle for $1.00.  See if the vehicle creditor objects.