Expert: Mark J. Markus- California Bankruptcy Attorney - 7/4/2009

Question
I filed a chapter 13 in 2004 pro se.  The case was dismissed about five months after I filed.  I expected Hyundai to come and reposses the car, however, to this day I still have the car and drive it. The account is listed as charged-off on my credit report under Hyundai.  The account has been sold to a collection agency. Other than some telephone calls that ended well over two years ago, no action has been taken.  Can or should I reopen the bankrupty and file a Motion for Abandonment?  What other action can I take?

Answer
The vehicle was "abandoned" when your Chapter 13 case was closed, so you have full ownership (subject to Hyundai's lien).   What is it that you want to accomplish?  If Hyundai isn't seeking to collect and doesn't want the car back, it sounds like you get to drive it for free.  Selling it may be an issue later on, but it probably would just require you to pay whatever is owed to Hyundai or whomever purchases the account from them at that time.