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Bankruptcy Law/bankruptcy discharged over a year ago

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Expert: - 6/5/2009


Question
hello i have a question regarding how long a creditor has to repossess a vehicle after my bankruptcy was discharged mine was discharged on march 28, 2008 i was told i had to keep full coverage insurance on it and that there isnt any statute of limitations on how long they have to come and get it they havent yet and its been over a year i cennt afford to continue to keep this insurance i understand you arent in my state as i am in georgia but any help you could give me would be appreciated

thank you very much

Answer

Leon Bayer
This is an interesting problem.

All cities have parking rules pertaining to the impound of abandoned vehicles. Many cities will impound a vehicle left unattended after a certain number of days. The car car is then impounded, and the owner and lienholder is notified of the right to redeem by paying the ticket and the fees. If the car is not redeemed, it will be sold by the city to recover the costs. I believe that in my city the owner does not suffer any further consequences, other than the loss of the vehicle.

See what the rules are in your city for the collection of the ticket and impound fees. Maybe you can just leave it on the street, and have it picked up by the city. Even if they charge you, it may be cheaper than the insurance you are paying.

Anyone who wants to do some further general reading about bankruptcy can look at my Bankruptcy Guide, at http://www.debt-relief-bankruptcy.com/guide-new.asp  

Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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