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Bankruptcy affects debts and creditors, not vehicles. A debtor owning a vehicle exempts it or the equity in it if there is a car loan. The debt is reaffirmed. This is all part of the public bankruptcy record. If the vehicle is not exempted, the trustee takes and sells it as part of the bankrupt "estate." If there is a chapter 13, and the debtor wants to sell the vehicle, s/he will have to get the court's permission. Either the trustee or the debtor would ask the court to sell free and clear of all liens. There are a number of potential problems if you are the buyer or the bankrupt seller, so get a lawyer.

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Q: Clear title on a vehicle that has a bankruptcy against it in California?
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How do you get the lien released on your car title after bankruptcy when the car was awarded as exempt property?

If there is a loan for the vehicle it must be paid off before the lender will release the title. The bankruptcy exemption status does not confer ownership of the vehicle to the BK petitioner unless the vehicle was already owned free and clear. It simply indicates that the car was not subject to BK procedure.


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How do you get a title from the bank if your you have been discharged from a chapter 11 but you can't get the title from the bank?

Real property such as a vehicle or house is not dischargeable in bankruptcy. The debt must be reaffirmed, paid or satisfied or the property forfeited to the lender. That being the case, the person would not be entitled to a clear vehicle or land title from the lender simply because the debt was included in bankruptcy.


Do you give up vehcile title in bankruptcy?

If you actually own the vehicle free and clear (no outstanding loan) you will not lose it, but you may be ordered to sell it (liquidate it) in order to pay off your creditors.


Is the title considered clear if the vehicle is financed through a bank?

A clear title is a title that has no financial obligation against it; therefore a title held by the bank is not a cleared title.


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Yes, the tag has nothing to do with selling the car. As long as you have a clear title, no lien against it, you can sell it.


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