Can I get my title back after I filed bankruptcy and my title loan was included? 17 Answers as of February 06, 2014

I just filed chapter 13 and my car had a title loan that was included in my bankruptcy.

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David R. Fondren, Attorney at Law
David R. Fondren, Attorney at Law | David R. Fondren
What do you mean by "included"? Did you pay it off in the plan? Or, did you designate it as not paid and to be surrendered? Or, did you list it to file a motion to avoid the lien? If you completed your plan and paid it, then you get your title. If you did not pay it and did not strip off the lien, then the company still has a lien on the title.
Answer Applies to: Missouri
Replied: 2/6/2014
Robert S. Payne, Utah Bankruptcy Attorney
Robert S. Payne, Utah Bankruptcy Attorney | Robert S. Payne
Yes. After the title loan has been paid in full by chapter 13 trustee disbursements out of your chapter 13 payments, then the title loan company needs to send you the title to your vehicle. But, you won't get the title until the loan has been paid in full out of those disbursements.
Answer Applies to: Utah
Replied: 12/24/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You can only get the title if the debt was paid in full or crammed down in the plan.
Answer Applies to: California
Replied: 12/24/2013
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
This is a NYS website. No title loans in NYS.
Answer Applies to: New York
Replied: 12/26/2013
Idaho Bankruptcy Law | Paul Ross
The Title will not be handed over until all the payments have been made on the title loan and the discharged entered (assuming some type of cram-down or modification of terms of the loan). Therefore, it may be 3 to 5 years until you will receive the title to the vehicle.
Answer Applies to: Idaho
Replied: 12/24/2013
    Kirby G. Moss PC | Kirby G. Moss
    That title won't be returned until you've paid your plan in full most likely.
    Answer Applies to: Indiana
    Replied: 12/24/2013
    Stephens Gourley & Bywater | David A. Stephens
    That depends on the nature of the claim and how it is handled in your plan. If it is a secured claim in your plan you cannot get the title back until the plan is paid in full.
    Answer Applies to: Nevada
    Replied: 12/24/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    In order to retrieve your car title, you have to pay the title loan. That's why this kind of loan is considered a secured debt because the loan is guaranteed with the security of your vehicle and the title to your vehicle.
    Answer Applies to: Nevada
    Replied: 12/24/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    If you filed a chapter 13 then hopefully you have a lawyer guiding you. You should be asking your lawyer this question. The answer to when you might get your title back depends entirely upon how the loan is being treated in your plan. If you are continuing to pay the lender directly then the title should be returned Once the loan is paid off. If you are paying off the loan through your plan then you may not see the title until your plan is completed and you receive your discharge.
    Answer Applies to: Colorado
    Replied: 12/24/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    A title loan is a secured debt. You must pay or surrender your car.
    Answer Applies to: Nevada
    Replied: 12/24/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    In general, if you paid off your title loan via Chapter 13, you will receive clear title to the car once the bankruptcy is complete (discharged).
    Answer Applies to: Wisconsin
    Replied: 12/23/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    You'll have to satisfy the title loan before you can get your title.
    Answer Applies to: South Carolina
    Replied: 12/23/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Assuming that you paid off the car in the Ch. 13, the finance company should send you a release of lien or sign off on the title. If you did not pay it off during the bankruptcy, they would do this when you pay it off. Your attorney would have possibly taken your title to show the trustee, in which case, you would get it back from your attorney after has has sent a copy to the trustee. If you have just filed, it takes a few weeks to get everything to the trustee, many attorneys return this type of paperwork at the 341 meeting, which is generally 3-4 weeks after you file. Just ask your attorney to keep a copy if you are really concerned about it. Good luck.
    Answer Applies to: Michigan
    Replied: 12/23/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    There is not enough information to give you an answer. Was the lender secured? Was the lender paid in full, if secured? Did the lender get proper notice, either way? Did you attempt to cram down the lender? Were you able to strip the vehicle to the value of the collateral? Was the valuation and possible strip, within the time allowed in the Bankruptcy Code? Did the lender appear in the bankruptcy case? Did the lender file a Proof of Claim? Some, or possibly all, of these questions and possibly MORE are relevant. This is not a simple issue and your attorney needs to be very careful what she does.
    Answer Applies to: Florida
    Replied: 12/23/2013
    William Bidwell, Attorney at Law | Bill Bidwell
    The bankruptcy will not discharge the loan you owe on the car. The lender most likely has a security interest in the vehicle. In the event of default, the lender can repossess your car. Under bankruptcy law, you are entitled to keep 1 vehicle. You can reaffirm the car loan, continue making car payments, and keep your car. If you cease paying, the lender will eventually repossess.
    Answer Applies to: Michigan
    Replied: 12/23/2013
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    No you will need to pay the loan, but you may be able to pay it back at 5.25%.
    Answer Applies to: Florida
    Replied: 12/23/2013
    Law Office of Mark B. French
    Law Office of Mark B. French | Mark B. French
    When you got the Title Loan you gave the lender a lien on your vehicle. If you are in Chapter 13 then you are in a repayment plan and how you are treating the claim of the lender in your Plan will determine when, or if, you can get your title back. I suggest you contact your attorney and inquire about how the lender is being dealt with in your Plan.
    Answer Applies to: Texas
    Replied: 12/23/2013
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