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  1. #1
    Join Date
    May 2007
    Posts
    1

    Default No Repossession After Bankruptcy

    Hi. I live in oklahoma. I have a complicated story but i'll try to keep it short. I filed bankrupcy in 2001. I had a vehicle to be reposessed. I contacted the creditor to come and pick the vehicle up three or four times over a ten month period, they failed to do so. It stayed in my driveway collecting dust. My attourney contacted them also and they wouldn't come and get it. My attourney sent them a bill for me for a storage fee because they said I was responsible if anything happened to it. They called when they got the bill. I told them to send a check with the repo man. They said they wouldn't pay. I told them to talk to my lawyer. They didn't. He tried to call them and they didn't take his calls. That was five years ago and thay have failed to respond in any way. Is there a way I can get the lean released or sell it or something. Any advice could help.

  2. #2
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No Repossession After Bankruptcy

    Quote Quoting straydawg76
    View Post
    Hi. I live in oklahoma. I have a complicated story but i'll try to keep it short. I filed bankrupcy in 2001. I had a vehicle to be reposessed. I contacted the creditor to come and pick the vehicle up three or four times over a ten month period, they failed to do so. It stayed in my driveway collecting dust. My attourney contacted them also and they wouldn't come and get it. My attourney sent them a bill for me for a storage fee because they said I was responsible if anything happened to it. They called when they got the bill. I told them to send a check with the repo man. They said they wouldn't pay. I told them to talk to my lawyer. They didn't. He tried to call them and they didn't take his calls. That was five years ago and thay have failed to respond in any way. Is there a way I can get the lean released or sell it or something. Any advice could help.
    The only way to get the lein released is to pay it off.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: No Repossession After Bankruptcy

    Sometimes creditors will not repossess a car because it is not cost effective to do so - the car isn't worth enough to go to the expense. It depends on your own particular state law but you might be able to (due to the time that has passed & creditor has not repossessed the vehicle) get a court order to get clear title to the car - talk to your lawyer about this. You might also talk to the people at the DMV & see if they can give you any suggestions as how to handle this. Of course, as the other posted mentioned, you can also pay the lein off.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: No Repossession After Bankruptcy

    I am not aware of a mechanism for a court to order a change of title, merely because the creditor is slow to repossess the vehicle. I doubt one exists.

    If you wish to bring this to a close, try negotiating with the creditor to buy the car or, if you prefer, arrange to turn it in to them.

  5. #5
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: No Repossession After Bankruptcy

    I have a reference that indicates (though it's according to each state's law) that sometimes if the creditor does not repossess the vehicle within a reasonable length of time (looks like they probably don't want it - not worth much), a court order can be obtained where debtor can get clear title to the car. The best way, of course, is to arrange to pay it off. You save going to court, etc.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Repossession After Bankruptcy

    Please share the reference. Thanks.

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