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Bankruptcy Law/surrendered car bank doesn't want
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Question
I surrendered a car in bankruptcy and the bank doesnt want it back because it isnt running. Wont give me the title or a statement with a note stating they don't want the car. Car is in storage and i dont want to pay storage. Nobody will take car because of the lien holder on the title. Cant donate to anybody without title. Bank talked to lawyer about if donated they will release title to the cause. Called several donation places gave bank number and they are not replying. Can i have the car towed to the banks parking lot and leave it and not have any trouble since it was surrendered in bankruptcy. Who is legally obligated for the car.
You are legally responcible for the car. In some jurisdictions, you can be held responcible for towing, storage and sales costs if you abandon it and the city has to pick it up. There is a proceedure in bankruptcy law that allows you to buy the car for what it is worth, "as is." Ask your lawyer about making a motion to do that under bankruptcy code section 722. Unfortunately, it will cost you money to pursue it. You could always check with your city and see if they go after the registered owner to recover expenses when an abandoned vehicle is impounded. And finally, since the bankruptcy code requires you to surrender it to the secured lender, I rather like your idea of towing to the banks parking lot. Ask your lawyer about that option before you do it.
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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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