Expert: Terry Leeders - 4/28/2008

Question
I filed chapter 7 over a year ago and filed on a car. I sent a paper saying where the car was and how to reach me and never heard from them and they never came to get the vehicle. It has been stored for over a year. What rights do I have to the vehicle now? Can i sell it or keep it and legally drive it?

Thanks in advance.
B

Answer
If you wish to surrender it, and the creditor hasn't picked it up after you have contacted them, you can apply for a junk title with the secretary of state.  If you want to keep it, you can drive it, just be sure to keep the insurance on it. Remember though, that unless you paid for the car in full, the creditor can repossess it since you discharged it in your case.  I would call them again to let them know where it is at and they usually will pick it up.