Legal Question in Bankruptcy in West Virginia

secured debts and discharge

We filed Ch. 13 in July of '94. Amonst debts confirmed for payment in the plan were a vehicle at a bank (secured) and a car repair bill at the dealer from which we had originally purchased the vehicle (unsecured). In Dec. of '98 the vehicle in the plan caught fire and was totaled by the insurance company. When I checked with the trustee of our plan as to how much was still owed on the vehicle so that we could pay it off and get the title I was told that the debt was paid in full as of 7/98 and the title should have been released. However, the bank sent the title to the car dealer and he refuses to release the title; he is demanding $4600 to pay his debt off. Somehow, during the bankruptcy, the money for payment at the bank for our vehicle was deducted (with the car dealer's permission) from the car dealer's account. This is why the bank sent him the title and this is the amount he is demanding from us at this time to realease the title. HELP!


Asked on 1/23/99, 12:39 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: secured debts and discharge

Your lawyer should file a motion in the bankruptcy court to compel release of the title.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302


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Answered on 1/29/99, 2:34 am


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