Legal Question in Bankruptcy in Connecticut

Vehicles

Please advise if my attorney should be reponsible for securing removal or providing service associated with the bankruptcy at no additional cost to me?

During banruptcy I informed the lawyer that I wanted two vehicles included in the filing. He was informed the vehicles were disabled and now we can't get rid of them. The title holder refuses to work with me on a resonable buy out or release of tittle. He also refuses to remove the cars himself. My lawyer doen't return my calls and states I will check into that and get back to you but never does.

Last time we spoke I told him this should have been considered during the bankruptcy. It was explained I had no desire to retain them after the bankruptcy. Again he stated he would look into it, 6 months ago. Now he won't even return my calls or accept them.

Any advice on how to dispose of the vehicles is greatly appreciated

Carin


Asked on 3/24/02, 2:07 am

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Vehicles

If the issue of cars was not included within your retainer letter, then in is not part of the bankruptcy job for which you hired your attorney. The problem is that a bankruptcy does not effect ownership of the cars, if the holder of the title does not want to transfer title or release the title, the only thing that can be done is to hire your attorney to reopen the case, and to pay the present value of the vehicle to the title owner (if the cars are not operating, then likely you can get a junk dealer to give you an opinion that there present value is some nominal amount, for example $100). Your lawyer would then file a Motion to Redeem the cars and if the judge approves the Motion the Order would indicate that the lien must be removed once this sum is paid. This is complicated, however, it is the only way that you will be able to force the lien holders to release their lien on the title. Good Luck.

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Answered on 3/24/02, 11:45 am


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