Legal Question in Credit and Debt Law in Wisconsin

I have bankruptcy discharged feb 2010. i want to trade the car included in the discharge. how do i get a clear title?


Asked on 7/11/10, 12:47 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If your bankruptcy is closed as a "no asset" case (like the vast majority of consumer bankruptcies), all property, including your vehicle title, is abandoned by the trustee and therefore reverts back to the state which it was in prior to the bankruptcy. If that was a clear title, then you still have a clear title. If you had a lien on the title beforehand, odds are that you still have that lien unless you have now paid it off and cleared it. In that event, you will have to pay off the lien holder in order to clear your title. If the vehicle was "upside down," there may have been an adversary to "cram down" the lien in bankruptcy to the vehicle's value (unless it was only recently purchased). That requires a special adversary proceeding in bankruptcy court, however, and you would need to discuss that with yoru attorney. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. Even if I were advising you, the background information which you provided did not include sufficient detail to allow any sort of reliable advice upon which you should rely. Finally, I may be able to represent you if you contact my Racine office and make arrangements formally retain me. I represent clients throughout the state of WI.

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Answered on 7/11/10, 6:57 pm


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