Auto included in Chapter 7

**BlessedQT** · 10-01-2006, 07:53 PM

I filed Chapter 7 bankruptcy and it was discharged as of October 2002. My vehicle was included in that bankruptcy. The vehicle was bought from a "Buy Here, Pay Here" dealership. There were notified of the bankruptcy hearing and were given a chance to appear and take the vehicle but he didn't show up. I am still in possession of this vehicle today. Am I entitled to the title of this vehicle since the debt was discharged and the dealer didn't show up for the hearing and never came to repossess the vehicle? The vehicle was bought in Virginia and the bankruptcy was also in Virginia. I currently live in Oklahoma.

**aaron** · 10-01-2006, 08:57 PM

To be clear, in the bankruptcy proceedings you decided to surrender the vehicle to the lender and have the debt discharged?

**BlessedQT** · 10-02-2006, 05:41 AM

Yes, the vehicle was included as one of the debts that was discharged in the bankruptcy. I spoke with the owner numerous times about the title (after the bankruptcy) and he always claimed that he was mailing it to me. I just assumed then that the vehicle belonged to me.

**Mr. Knowitall** · 10-02-2006, 07:08 AM

A vehicle loan is a secured debt. In Chapter 7 you can choose between keeping the car and the loan, or giving up the car and having the loan discharged. Under some circumstances you may be able to keep the car and discharge part of the loan.

If you agreed to surrender the car, then either they should have collected the car or you should have dropped it off. You describe "the owner" as "he" - who is the lender? An individual or a financial institution?