Trustee waiting to pay off car

[Jinks221]

Hello,
We are in our last year of Ch 13 and have a car that is financed with only 150 left to pay. I would like the title to this car since we no longer drive it and would like to sell it. I called the trustee office and they told me to consult my lawyer. Since that would cost me about the same as paying off the car, can I just go to the bank and make the payment. If I send an additional payment to the trustee with payoff instructions, will they do it? We have to pay insurance on the car and its just sitting in the drive way. Anyone dealt with this before?

Thank you for any advice.

[momofthree]

You'll have to get trustee permission to sell the truck anyway. See your attorney about submitting the motion to sell and then you can ask him about the title at the same time.

[chp13]

Ok so when you payoff the car the title gets sent to the trustee??? I didn't know this happens.

[momofthree]

Ok so when you payoff the car the title gets sent to the trustee??? I didn't know this happens.

I'm not sure who is sent the title, but any time you sell anything over $xxx amount (see your confirmation order, most districts it's around $500), you have to petition the court to get permission. When we sold our paid-off truck (had the title in hand before filing), it took around 60 days to get the document prepared and the motion approved.

[MOMof3]

My van was paid in year one of our chapter 13 and I don't have the title. When our insurance company inquired as to who owned the vehicle, my attorney advised to keep it as capital one--even though technically we own it and the trustee is holding the title. Seems to me since I paid it, I should have the title. Thankfully we have less than a year left to go and I hope my van holds out that long!