If there is no motion for relief a year after filing bankruptcy and turning in a vehicle and it is still in your possession do you get to keep it?

Answer 1

The answer probably depends on the laws of the State in which you live. In Indiana, I tell my clients to file a small claims lawsuit against the creditor, not asking for money, but asking the court to Order the BMV to issue a clean title to the vehicle to get rid of the creditor's lien on the title. If the creditor doesn't show up and oppose the small claims lawsuit, the courts generally grant it since they presume the creditor abandoned their interest in the vehicle. After a year, creditors very seldom show up (in fact I don't think a creditor has ever showed up on one of my clients who tried this). If the creditor did show up and want the car, though, I suspect the court would give it to them (though I suppose one could atleast ask the court to award them some storage money for having stored the vehicle for a year). While this seems to work in Indiana, it may not work anywhere else so I would recommend asking an attorney in your area. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.