Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

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can't get title for car included in chapter 13

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  • can't get title for car included in chapter 13

    Hi, I'm writing this for a friend. He tried to register on my computer for his own acct so he could join the forum, but wasn't able to. I told him I would post it for him.

    He filed a ch 13 in Sept 2005 right before the new laws went into effect in case that makes a difference. A van he had bought from a buy here pay here lot was listed in the BK. The dealer never filed any paper work to be paid as a creditor and never received any payments from the plan. The van of course was never paid for. The attorney had told him to drive it until they contacted him to come get it. The dealer filed bankruptcy shortly after and went out of business.

    Now after 5 years, the van has been sitting in his garage for almost 4 yrs, he wants to get rid of it, just give it away. Attorney General's office says it shows a lein on it, but they have no info about where to find the company. They said he had to file for a court ordered title which will cost over $300 with no guarantee it will be granted, they said it is the judges decision.

    Is there anything else he can do with out going that route. Junk yards or charities will not come and get it without a title, he has only the memorandum title. He is happy to give the car back to whoever has the lein, but again, can't find out who it is. He is would like to get them to either release the lein so he can get rid of the car, since they aren't in business anymore, or come get it like they should have several years ago.

    I suggested he find out how to get a salvage title since he said it was junk and unsafe to use. I really don't know anything about that or if you have to have a title to do that also. Any help would be great, he says that even if he wanted to pay for the car, no one knows who he would pay. He hasn't heard back from his attorney yet.

    He has tried to find out how to call the Indiana Bankruptcy court where he said they filed, but hasn't been able to find a phone number to contact them, assuming they could provide some info. on who is holding the lein.

    Thanks for your help!
    Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
    1% to unsecured creditors
    25 down, 15 to go! Thanks to all for your help here on the Forum!

  • #2
    About the only thing I can think of is to leave it some place (business parking lot, for example) where they will have it towed/impounded. He may ultimately be contacted about it to which he can tell (whoever calls him) that he no longer owns it - contact the lien holder. Which can't happen...

    In a similar situation except I know how to contact the lender. But they have said they won't come for it & will only release the title w/ payment in full. (Not yet filed/discharged. Not drivable.)
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)


    • #3
      Originally posted by lookin4info View Post

      He has tried to find out how to call the Indiana Bankruptcy court where he said they filed, but hasn't been able to find a phone number to contact them, assuming they could provide some info. on who is holding the lein.

      Thanks for your help!
      Maybe contacting the Indiana Trustee would help. Your friend should look up the dealer's bankruptcy case on PACER and contact the trustee assigned to the case. Maybe they'll want the vehicle. If they don't, maybe they have some suggestions on how you can get the lien released.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!


      • #4
        I am assuming your friend is at the end of his Chapter 13 (5 years) and has this vehicle without clear title to dispose of or sell. Your friend's Chapter 13 attorney should easily be able to tell him what to do especially if this vehicle was part of the filing and no claim filed by the lienholder and should represent him in anything relating to the vehicle. Did your friend ever tell his BK attorney during his plan years that the lienholder never came to get the vehicle and ask what he should do since eventually the Chapter 13 would be paid off and he would be in this position? The BK attorney as been through this or similar before and is the place to start.
        Filed 5 Year Chapter 13: April 2002
        Early Buy-Out: April 2006
        Discharge: August 2006

        "A credit card is a snake in your pocket"


        • #5
          Thanks for all your input, I told him about the comments received. He has completed the CH 13 and it was discharged. He said when he had told his atty. that they never came and got the car, or contacted him about it, he was told he could just junk it at the end. The problem being that in Ohio, no one will come and get it. He liked the idea of having it impounded. The Atty. Gen's office was able to tell him that there was a lein on it, so that would prove that he is not the owner because he never paid for it. He is still trying to get in touch with his atty, they are playing phone tag. Thanks again. I love this forum, you have all been so much help to me. My friend said he wished he had known about this site when he was going through his BK!
          Ch13 filed 1/13/11, 341 held 2/17/11, Confirmed 3/23/11
          1% to unsecured creditors
          25 down, 15 to go! Thanks to all for your help here on the Forum!


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