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Why is a judgment lien still on the title after a discharged Bankruptcy?
Wiki User
∙ 16y ago
Generally, judgements survive bankruptcy.
Wiki User
∙ 16y ago
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Will a car title loan be discharged by filing bankruptcy?
No, only unsecured debt is discharged.
If a bankruptcy has been discharged but still reflects as pending on the title insurance policy due to the fact the trustee needs to close out will that affect the new lender's lien position?
It won't affect the lender's lien position but their policy. Most lenders won't close the loan if the bankruptcy has not been discharged. If you have been given the discharged paper, you can give a copy of it to the lender and the title company so that they have it in their records.
If you sold your home and did not sell for enough to pay the first and second mortgage what happens to the second mortgage lien?
Was the 2nd lien included in and discharged in your bankruptcy? If not, then that lien still encumbers the title to the property and is probably a debt you still owe.
Can bank hold on to your car title as collateral on a bank credit card went the car loan was paid off prior to bankruptcy?
The bank should not have your car title if it is paid off. If you declared bankruptcy and it was discharged, your bank credit card account should be dismissed.
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.
Can you get a title for a bankruptcy car?
how can I get a title for a car that waS in bankeuptcy in kansas
How do you get a car title after bankruptcy 1 year ago?
If there was a secured loan and you reaffirmed the debt in your chapter 7 and you have paid off the loan, you should get the title from the lender. If you surrendered the car to the lender in your chapter 7, your balance was discharged as an unsecured loan and you have not owned the car since you surrendered it.
If a recorded judgment against a debtor is listed incorrectly is it exempt from that bankruptcy proceeding?
There's lots of details that can change how that situation comes out, such as the nature of the judgment and which chapter of bankruptcy was filed. But, generally speaking, the Bankruptcy Code says that the debt is discharged if it is properly listed OR if the creditor had notice or actual knowledge of the bankruptcy filing in time to act to protect their rights. In 11 U.S.C. 523, the Bankruptcy Code says "(a) A discharge under section 727, 1141, 1228 (a), 1228 (b), or 1328 (b) of this title does not discharge an individual debtor from any debt- (3) neither listed nor scheduled under section 521 (1) of this title, with the name, if known to the debtor, of the creditor to whom such debt is owed, in time to permit- (A) if such debt is not of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim, unless such creditor had notice or actual knowledge of the case in time for such timely filing; or (B) if such debt is of a kind specified in paragraph (2), (4), or (6) of this subsection, timely filing of a proof of claim and timely request for a determination of dischargeability of such debt under one of such paragraphs, unless such creditor had notice or actual knowledge of the case in time for such timely filing and request;" So, even if the judgment is incorrectly listed, if the creditor had notice or actual knowledge of the bankruptcy in time to act before the bankruptcy case was over, then the judgment is probably still discharged. There is also case law that says that a debt which was inadvertently not listed or incorrectly listed in a Chapter 7 "No Asset" case is still discharged if it would have been discharged had it been listed (though not all Courts subscribe to this view). However, it is my understanding that an unlisted debt in a Chapter 13 is not discharged since that creditor didn't have the opportunity to file a Proof of Claim and get some of their money back. In Chapter 7 cases, debtors who miss a creditor may also file a motion to reopen their case and add creditors they missed or listed incorrectly so long as those debts were incurred before the bankruptcy case wad filed and still get those debts wiped out. The Bankruptcy Court charges (as of 2/11/05) $155.00 to reopen a case and $26.00 to add creditors, plus there's usually additional attorneys fees to do this. 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.
What if someone sold you a car without the title then told you the car under bankruptcy?
i have a person who sold me a car under bankrupcty, and i need the title . gow can i tell if its still under or not?
If you filed Chapter 7 bankruptcy on a repossession balance and the bank never came to repossess the car and the debt was discharged can you get the title?
Unless a secured lender has received a "lift of stay" on a debt included in bankruptcy, they must wait until the BK has been discharged before they can repossess or begin legal procedures to retrieve a vehicle. A vehicle is considered a secured debt and is not dischargeable in a chapter 7. The borrower/debtor should contact the BK trustee and/or the lender to clear up the matter or he or she may face complicated litigation in the future. The title will still show a lien holder and the DMV will not issue a duplicate one until the lender signs the vehicle over to the borrower.
If your ex is on the title of your vehicle but you have made all the payments and carry the insurance can they make you sell it?
Can who make you sell it? If he filed bankruptcy and his name is on the title, you will need to go to court and show documentation that you are the only one that made the payments. Also, you will want to get his name off the title ASAP. * It is not relevant as to who makes the payments on the loan. The wording of the title determines ownership of a vehicle. If the title is jointly owned with the names separated by the word "or" the vehicle is considered owned separately by each named party and can be subject to a judgment creditor or bankruptcy action. If the names are separated by the word "and" the vehicle is jointly owned and in most instances cannot be partitioned. If it is a matter of bankruptcy, the vehicle exemption may or may not protect it from being seized by the trustee. If it concerns a repossession or attachment by another creditor and the person named on the title is the judgment debtor, the exemption also applies with the exception of the lender themselves.
Can condominium assessments be discharged in bankruptcy Hawaii?
Read your governing documents to determine how your assessments are leveraged. Your title may also be affected by past due assessments, as well as your personal liability. Assessments due before the date you file are handled differently from assessments due after the date you file. Your bankruptcy attorney can best explain your options.
