Legal Question in Bankruptcy in California

Disposition of Automobile

My Chapter 7 bankruptcy was discharged in August of 2002. Included in the bk was an auto loan that had a balance of $3,200. At the time, the value of the car was $2,000. I did not reaffirm the debt and fully expected the car to be repossessed. I made several attempts to contact the Creditor but was told at the time that the account had been forwarded to an attorney and that I should expect to hear from the him. I never heard anything.

Now, over two years later, I still have this car in my possession. I have again contacted the creditor to discuss the disposition and they gave me the name and number of the attorney handling this account. I spoke with the attorney, who informed me that my account had been closed (discharged in BK) and that he did not know what the disposition of the auto was.

I told him that I still had the car and that I wanted to return it. The attorney told me that the Creditor does not want the car. So I then asked what did I need to do to get the title and he told me that I need to pay the balance of $3,200. to get the title.

I don't want the car, and apparently neither does the creditor. I don't have the title. what are my rights and responsibilities? can I sell it? can I get the title through DMV?


Asked on 12/08/04, 3:58 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Disposition of Automobile

You cannot get title through DMV unless you do a lien-holders sale. Used car dealers and wrecking yards specialize in these. You might, for a fee get one of them to assist you. You may not sell the car except by these means. Or you could just keep driving your free car that you do not have title to.

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Answered on 12/08/04, 4:03 pm


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