Question

Can I still get the title to my car from my bankruptcy case?

I had an auto loan that was included in my bankruptcy case and was discharged in 2009. Can I still get the title to the car involved?
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Answered By: Breckenridge and Walton
If you have paid off the car debt then yes. If not, the lender is entitled to repossess the car to cover its losses.

Answer Applies to: Michigan
Replied: 10/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Ashman Law Office
Maybe, Maybe not. Did you reaffirm? Did you pay it off? These are things your lawyer in the case can answer. No one here can since we don't know the facts.

Answer Applies to: Georgia
Replied: 10/10/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Raymond DiBiagio, Attorney at Law
Usually, your chapter 7 discharge will relieve you of any obligation to pay the car loan, but, unless you've done something to avoid it, the chapter 7 discharge doesn't affect the lien on the car. This means the creditor holding the car loan may not sue you to collect the balance due, but still may repossess the car. But, you may still be able to get a clear title to the car if you either formally reaffirmed the car loan in your chapter 7 case and paid it off; or you simply continued to pay the loan after the chapter 7 discharge anyway and, in fact, paid it off.

Answer Applies to: Maryland
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eliza Ghanooni, Attorney at Law
If you are done paying off your car, then you can get title so long as you can prove that you have paid the total amount due. The bankruptcy is irrelevant.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Heupel Law
You can get the title once you have paid the car loan in full. Bankruptcy will discharge your obligation to pay the debt if you no longer want the car. However, bankruptcy does not remove the lien that is on the car. Thus, in order to keep the car and obtain the tittle, you have to pay the full amount owed to creditor.

Answer Applies to: Colorado
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Eranthe Law Firm
If you made the car payments and paid off the loan, you can get the title.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Grace Law Offices of John F Geraghty Jr.
The lien should have been released by the Lender.

Answer Applies to: Georgia
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of J. Thomas Black, P.C.
Yes, if the car loan was paid through the Chapter 13 plan, and you completed the case and received a discharge, you should have received the title to the vehicle. If you did not, you should contact your attorney to help you obtain the title from the finance company.

Answer Applies to: Texas
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Janet A. Lawson Bankruptcy Attorney
I don't see why not if you paid it off.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bird & VanDyke, Inc.
Although secured loans such as car loans are discharged in bankruptcy the car loan lender still retains their security interest. This means that you must still pay for the car or they will take it back as security for the loan. Assuming you continued to pay for your car and have now paid it off then you can get your title.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Guardian Law Group PLLC
If you kept the car and have paid off the loan, then yes you should receive the title from the lender.

Answer Applies to: Utah
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Offices of James Wingfield
Assuming you have continued to make the payments due in under the auto loan, you should still be issued your title once you have made all payments to the lender. Your bankruptcy should not affect your right to the title in any way (unless, the Trustee liquidated the car). The only effect should have been on your car loan. Discharging the car loan simply means that the lender cannot sue you to recover a deficiency balance (an amount you still owe after a repossession and subsequent sale of the vehicle). The security agreement is not typically discharged, so you are required to continue to make monthly payments if you want to keep the vehicle.

Answer Applies to: Massachusetts
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law Center
If your bankruptcy was filed in Colorado, yes, you can get the title from the lender if you pay off the car loan (or settle with them if in default).

Answer Applies to: Colorado
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Bankruptcy Law office of Bill Rubendall
In order to get the title to your car for a discharged loan you must pay the entire balance owed. The creditor retains a security interest in the vehicle until it is paid.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Carballo Law Offices
You must pay the car loan to get the title. The car loan is a secured debt and while you can discharge the personal responsibility for the loan, the loan is secured by the car and the bank can take the car is you do not pay the loan. If your car is taken then you cannot be asked to pay the deficiency (the amount owed less the amount received at the auction). The bank still technically owns the car (they hold the legal title) and you must pay the car to get the legal title.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Harry L Styron
If you had an auto loan, the car was security for it. I would assume the lender would repossess it in order to be paid off. I would doubt that the lender would transfer title to you.

Answer Applies to: California
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: Law Office of Lynnmarie A. Johnson
Yes, you should have received a release of lien when the car was paid off from your lender, assuming that you mean the car was paid off and you kept it. If you didn't pay off the car and just discharged the debt in your bankruptcy and gave the car back to the financing company, you are probably out of luck. Why would they give a title to a vehicle that you no longer own? However, if you can't find the release of lien or the title and you did keep the car and pay it off, you should be able to get a duplicate of your title from the Secretary of State and may have to call the financing company and have them send you a new release of lien if they didn't already supply it to the SOS. Good luck!

Answer Applies to: Michigan
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Answered By: The Law Offices of Kristy Qiu
If you entered into a reaffirmation of the debt or paid it completely outside bankruptcy and still have physical possession then yes. Otherwise no.

Answer Applies to: Florida
Replied: 10/5/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

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