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kess2010 · Nov 16, 2012, 09:25 AM

I filed ch 7 bankruptcy on my property and vehicle. I received my discharge. The gentleman who now owns the property wants the vehicle moved. How do I get the title holder to come get the vehicle? Can he charge them storage? How?

ebaines · Nov 16, 2012, 09:48 AM

If you are not the owner of the vehicle, it's not your problem. Tell the owner of the property to work with the owner of the vehicle. And no, he can't charge them for storage without a contract. But if the car isn't moved after a reasonable period the land owner could contact the police to say there's an abandoned vehicle on his property, and they'll have it towed.

kess2010 · Nov 16, 2012, 09:56 AM

Originally Posted by ebaines

If you are not the owner of the vehicle, it's not your problem. Tell the owner of the property to work with the owner of the vehicle. And no, he can't charge them for storage without a contract. But if the car isn't moved after a reasonable period of time the land owner could contact the police to say there's an abandoned vehicle on his property, and they'll have it towed.

Thank you, I was the owner of both. But my understanding of ch 7 is that they are no longer my debts or my property. So, does that change things?

ebaines · Nov 16, 2012, 10:31 AM

Who has the title? Whoever has title is the owner of the vehicle. In chapter 7 cases its common to keep title to your car if you owned it free and clear (there was no outstanding loan). But if there was a loan outstanding the car may be repossesed, and I was assuming that's what happened here - correct me if I'm wrong. The judgment should be pretty clear about it.

AK lawyer · Nov 16, 2012, 03:18 PM

When you filed for bankruptcy proteciton under Chapter 7, one of the documents you should have filed would have been a "statement of intention as required by § 521(a)". In it, you should have said what you are going to do with the vehicle: keep it, surrender it to the secured creditor, etc.

What does it say you were going to do with the vehicle?

kess2010 · Nov 17, 2012, 07:23 AM

They hold the title at the loan company. I surrendered the vehicle in my bankruptcy. What are my options?

Fr_Chuck · Nov 17, 2012, 07:47 AM

It does not sound like you surrendered it, if they never took possession of it. Was someone from the loan company there, and formally accepted it ? Keys handed over ?

If you have a key to it, why not just move it or give a copy of the key to knew owner to allow him to move it to the road or something.

Have you given the property owner the name of the loan company ?