Filed GA chapter 7 Oct 14

[thatbrokegirl]

Filed GA chapter 7 Oct 14 with the rest of our great land of procrastinators. LOL!! I am here researching a question of sorts.

Our BK was discharged at the beginning of March. We had our car put in the BK and they were supposed to come and get it. Actually we expected to see them at the hearing. Anyhow they haven't shown up and our old car is sitting out in the parking lot.

I have called them time and time again to have them make arrangements to come and get it. I gave them my address and everything. Its been taken once (VERY LONG STORY) and we got it back the very next day. ANYHOW, Do we have right to keep the car? It was included in the BK and no payments have been made on it since August 05. I even called one time and the guy had the nerve to tell me to make an offer. I am like yeah right come and get this thing cause we don't use it and don't want it. I think the alternator needs to be replaced (I know its not too expensive).

My question, for you guys is, is there any way to get a title on the car in this situation or are we SOL with this car? I honestly don't care either way. I can have the car or they can come and get it.

Has anyone been in this situation? What did you do?

I look forward to your replies.
Thatbrokegirl.....

[SinkingFast]

The best thing to do is you turn offer the car to CYA for yourself is arrange to return the car. Contact the lender and decide upon a mutually agreeable place to turn over the car. Generally lenders will pick a dealership. But where ever you meet, make it a public place, and make sure you get a signed receipt for the car. That way you are totally absolved of the whole matter.

I don't know if there is a way to get a clean title to out right own the car in your own name. Maybe a legal manuever by an attny could get the Creditor removed off the Title. Otherwise, if you keep the car, you can maintain it and insure it, but you cannot borrow against it or sell it. You'd have to have the Lender's name removed from the Title to sell/trade the vehicle.

[bonnieb]

I think SinkingFast is right. You can't keep it legally at this point...because, well, it's not yours. I would contact your attorney and ask that he send the lender a request to make arrangements to surrender the car. My lawyer said the he's had clients who've had to leave their car with him because the lender never came to pick it up. At that point they (the attorney) auction it and the lender gets the proceeds. Having said all that...I'm in CA so it all might be different for you.

~bonnieb

[thatbrokegirl]

We didn't use a lawyer to file, did all the paperwork ourselves. I do regret it a tiny bit but it was a lot cheaper for us to do it ourselves cause we couldn't find anyone cheaper. Anyhow, I jsut figure since we didn't use a lawyer they have no choice but to deal with us. I plan to make ONE last attempt at getting them to make some kind of arrangments. The van is here at my house, they have to tow it so they have to come here and get it. I just hope they get on the ball. My apts have announced that they plan to tow the car so I know I at the very least need to let them know that, again.

Thanks for your help
thatbrokegirl