Is there anything that can be done to force a secured creditor to either take possession of a surrendered vehicle or, alternatively, to sign over the title to the debtors so they may dispose of it properly? Perhaps a motion to compel? The creditor says the vehicle isn't worth the cost and there isn't a local branch where the debtors could take it. Chapter 13 trustee says he doesn't know of anything that can be done...
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surrendered car in plan, creditor won't take possession
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I didn't go to law school as you did, but I would think a motion to compel or some-such other fancy motion would force the creditors hand. Perhaps one that forces the creditor to release the lien and send a clear title to the debtor in lieu of the creditor taking responsibility for picking it up?Originally posted by wabkatty View PostIs there anything that can be done to force a secured creditor to either take possession of a surrendered vehicle or, alternatively, to sign over the title to the debtors so they may dispose of it properly? Perhaps a motion to compel? The creditor says the vehicle isn't worth the cost and there isn't a local branch where the debtors could take it. Chapter 13 trustee says he doesn't know of anything that can be done...Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.
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