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Bankruptcy Law/abandonment of property after bankruptcy
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Question
My husband and I filed bankruptcy in 2003 and discharged in 2003. My problem is that after we were discharged we called our car loan place to have them come pick up the car that was discharged and they proceeded to tell us that they have abandoned property and are NOT releasing the title to the car. this car is not drivable and we have to licence it every year and pay taxes on it, because we have no title to sell it even to a junk yard. Is this normal for them to do this, and is there anyway for us to get the title? Please help...
Here are three ideas that may work. You can call the lender and offer them some money, maybe $50 to release the title to you so that you can have it junked. Explain the situation. Maybe you will be talking to someone who will be more cooperative than the person you spoke to previously. If they refuse, just call them again in a few days and try talking to a different person each time until you finally get someone who will do what you want.
My next idea is to have a friendly auto repair shop that will help you with this as a favor, "lien sale" the vehicle for "delinquent repair and storage fees." That will get rid of it, as the mechanic's lien sale takes priority over the auto title.
My last idea is to check into parking it on the street, and have the parking authorities tow it away as an abandoned vehicle. You may wind up with a parking ticket, but if it isn't moved after the ticket is issued they will usually tow it away. Your only liability will be the cost of the ticket. Check with your local parking authority before you do this and find out the proceedures and the price of the ticket.
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Answers by Expert:
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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