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How do you get the title for a car secured in a bankruptcy where all debts were discharged but the finance company did not want the car and never sent you the title?
Mekchef
Until the loan for the vehicle is paid according to the loan/lender's agreement the title will not be given to the borrower. The loan on the vehicle is still valid and the borrower is still responsible for payment.
AnswerIf the creditor opted not to pick up the vehicle, you can file a Small Claims listing yourself as the Plaintiff and the creditor as the Defendant, and put that you are seeking "0.00" in damages and that you are requesting a Declaratory Judgment that the creditor has abandoned its interest in the vehicle, and you request the Court order the BMV to issue you a new, clean (i.e. lien-free) Certificate of Title on the vehicle. I have had several clients do this and I have never seen a creditor show up and defend the lawsuit as long as you don't ask for money but just ask the Court to order the BMV to give you a new title. Then, you get a clean title to the car for whatever the small claims filing fee is.
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∙ 14y ago
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Can judgments be discharged in bankruptcy?
Perhaps, many judgments can be discharged in bankruptcy. The ones which are allowable are determined by state and/or federal laws, depending on the type of bankruptcy chosen. Understanding that if it gets removed it is because it was included and settled/discharged as part of the BK, generally by using the asset it is secured to, or other assets...it isn't just file BK and the lien/debt goes away.
How soon can foreclosure occur after default on discharged bankruptcy?
Depends on if the loan is actually secured by a Deed of trust (which has become much more popular) or by an actual mortgage.
What happens if you have a clean title and loan is secured can finance company still repossess?
Maybe
Would you have to pay monthly notes in filing chapter 7 on my vehicle?
You don't file bankruptcy "on your vehicle." You file bankruptcy to discharge all your debts. You don't get to pick and choose which creditors. But, secured creditors either have to continue to be paid or you have to surrender the collateral, in which case the balance due on the secured note would be discharged.
If your finance company refuses to take back the vehicle after bankruptcy can you just leave it at the dealership?
Its done every day of the year. No. Even if the dealership would let you,(never happen)it is still your responsibility. Apparently the lender feels they can collect the debt by other means. Secured lenders have the option of negotiation or collection of the debt in full. Bankruptcy does not relieve you of secured debt, unless it is agreed upon by the lender.
Can you file bankruptcy on property taxes?
ALL your property (all your assets) AND all your liabilities are included...always..you do not pick and chose. You cannot go BK on a speci Save fc debt.They are given different priorities, some debts may not be discharged (like child support), and some assets (like household goods, work tools), may not be used. Secured debts. (and property taxes are secured to the property being taxed), get first claim to the proceeds from that asset.AnswerReal estate taxes cannot always be discharged in bankruptcy. Determining whether they can be discharged requires some investigation by an attorney who specializes in bankruptcy law. A secured debt for property taxes would be perfected by the recording of a tax lien in the land records.
Is recourse discharged in bankruptcy?
It depends upon the what type of recourse you want to discharge in a bankruptcy like secured loan or unsecured loan or something other.If you wants to know more about bankruptcy and its process then here i want to give you one site just check it out you will get all the information there.http://www.filingbankruptcypros.com/
Can pay day loans go on bankruptcy?
They must be listed as a debt, and they can be discharged. Some payday lenders claim to have a security interest in your paychecks until the loan is paid, but those may not be legally established secured loans. Consult a local bankruptcy lawyer to check your loan docs.
Where can one find secured loans in the UK?
Sources for secured loans in the UK are varied and not hard to find. Nemo Personal FInance, Prestige Finance, and Shawbrook Bank are the top three institutions for secured loans. Many other smaller personal finance companies offer secured loans as well.
What is your credit score after filing chapter 7?
There is no set credit score that everyone is assigned after filing bankruptcy. How much your credit score drops depends on a lot of factors, including how many debts you discharged, what your score was before you filed, how many secured debts you reaffirmed, and what type of debts were discharged. Hope this helps!
What happens when a creditor doesn't file a proof of claim in a bankruptcy case?
If it is not a secured debt it will be included in the bankruptcy discharge.
How long after filing for a chapter 7 is it discharged is there a way to speed it up?
The average BK that is filed correctly is generally discharged in three to four months. There are not options for a personal bankruptcy to be expedited. Creditors cannot take any action until a ruling on the filing is made, with the exception of secured creditors who might possible be able to have the stay lifted.
