Legal Question in Bankruptcy in California

My father gifted a vehicle to me 5 years ago, but never put my name on the title. His company is going bankrupt and I was notified by an attorney that my car must be turned over (or the value thereof) because his company (and his partner's personal name) are both listed on the title. Do I have any legal rights? I live in CA and the attorney that notified me via letter is in Idaho. He threatened to sue us if we do not surrender the vehicle.


Asked on 10/07/10, 2:11 pm

2 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Unfortunately, this is not a question that is capable of a quick, easy answer. The answer to your question is very fact-intensive, and I hate to say that you will probably need to retain an attorney to review the facts, the allegations of the bankruptcy trustee, and determine if you have a defense available. Unfortunately, even if you have grounds to defend the Trustee's action to recover the vehicle, the cost of defending their action may exceed the car's value. Contact a local bankruptcy attorney - not someone who represents people who file for bankruptcy, but someone who has experience with other bankruptcy matters. Review whether you have grounds to defend the claim, then discuss cost to defend, and before formally defending, you may wish to attempt to reach a settlement with the Trustee over the asset so you can retain it.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

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Answered on 10/12/10, 4:04 pm


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