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If the debt for your car was liquidated by Chapter 7 and the lienholder refuses to take it back are they required to turn the title over to you?
Wiki User
∙ 8y ago
NO, they still have an interest in the vehicle (the part you DIDNT pay). If it was sooo simple, dont you think everyone would rush to the car store, buy a new car and declare B/K?? No, because no lender would loan any money then.
I'm not sure roosta understood the question... I have seen several cases where the debtor surrendered a vehicle in a Chapter 7 and the creditor simply won't come and get the car. And while I don't know what works in other States, in Indiana I tell my clients in that situation to file a small claims lawsuit against the lienholder, not requesting money, but requesting an Order from the court voiding the lien (since the lienholder apparently abandoned the vehicle) and ordering the BMV to issue a new, clean title to the debtor. If the lienholder shows up to the small claims proceeding, I tell my clients to ask the court to order the lienholder to take their car, and if they don't show up, the courts generally grant the debtor's request and Order the BMV to issue a new, clean title to the debtor. This may or may not work in other States besides Indiana, I don't know. Ask a local attorney. 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.
Wiki User
∙ 8y ago
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