If I filed Chapter 7 over 1 1/2 years ago and my truck loan was included, what to do if the lender has still not picked it up?

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If I filed Chapter 7 over 1 1/2 years ago and my truck loan was included, what to do if the lender has still not picked it up?

Is there a way to force them to pick up the truck or send me the title?

Asked on April 9, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Good question. If the truck that is on your possession post bankruptcy filing and discharge was included in the discharge and you want it picked up by the lender or title to it, you should do the following:

1. consult with an attorney that practices in the area of automotive law. In some states such as California, you can send a demand to the lender for storage costs of the vehicle since it has title to it.

2. if the storage costs are not paid, you can then submit forms to your state's department of motor vehicles to hold an auction for the vehicle.

3. you can bid what is owed for storage fees at the noticed auction where you can possibly get paid for storage or end up with title to the vehicle from your state's department of motor vehicles.

4. the above process is somewhat complicated and I suggest that you consult with an attorney who practices in the area of automotive law.


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