Legal Question in Bankruptcy in Louisiana

liens

I am now a resident of FL and own an automobile that has a title in louisiana. The debt for the automobile was included in a chapter 7 bankruptcy filed in FL and discharged 5/00. This debt was written off by the bank at least 2 years prior to the bankruptcy. The vehicle has been totalled in an accident. The bank says they still hold a lien against the vehicle and will not give me a duplicate copy of the title or clear the lien. The insurance company will not release settlement until they get a clear title. This debt is also a part of a divorce. Please help . . . .


Asked on 1/05/01, 7:03 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: liens

You really submitted insufficient information to allow me to give a clear reply. Based on my interpretation of your question the bank still owns the vehicle. Although you obtained a discharge, that opersted only as to the money due the bank. The order did not divest the bank of its security interest. So the vehicle still belongs to the bank as do the insurance proceeds.

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Answered on 1/10/01, 4:51 pm


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