Legal Question in Credit and Debt Law in South Carolina

How Can I get title to vehicle incl in BK (7)

I have a Chevy PU that was included in a Chapter 7 Bankruptcy. I offerred to surrender the vehicle, yet BofA said that it was not worth recoverring. They refuse to release the title without full payment. How do I obtain a title to be able to dispose of this vehicle, which has now been ''stored'' in my yard for about 15 months (since the BK filing)? The original title was Colorado, the BK was in SC, where we currently reside.


Asked on 4/14/07, 9:24 am

1 Answer from Attorneys
Sheryl Schelin Law Office of Sheryl Schelin

Re: How Can I get title to vehicle incl in BK (7)

Believe it or not, there's no simple answer to this question - and it happens more than you'd think. I asked some of my colleagues and the best answer we can devise is to initiate an action in magistrate's court to vest title in you for an abandoned car. The theory is that since they refuse to pick the car up, they've abandoned it, and thus you have the right to it. You should speak to an attorney immediately so as not to "sit on your rights" - this should be a relatively simple matter, and I'd be surprised, frankly, if the lender even makes an appearance (though creditors have become more aggressive lately so it is possible). Feel free to call my office to discuss further.

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Answered on 4/18/07, 2:16 pm


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