Is it possible for him to transfer the title to my name since I am his son? 7 Answers as of October 08, 2014

My father has filed for bankruptcy and my first car is insured by him. It was in his name. It is breaking down a lot and I need to sell it to go towards something more reliable.

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Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
If your father filed for bankruptcy and the case is still ongoing, then the car is not his, unless he claimed an exemption in it. All non-exempt property becomes the property of the bankruptcy estate. If the car is not exempt, he cannot transfer title to you. If it is exempt, he will still need the trustee's consent to transfer any property. After the bankruptcy is closed, your father can transfer property as he likes.
Answer Applies to: Colorado
Replied: 10/8/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
If your father is still in bankruptcy, he will need court permission to transfer the vehicle title to you. If your father's bankruptcy is now closed, he may do as he wishes.
Answer Applies to: Nevada
Replied: 10/1/2014
Ronald K. Nims LLC | Ronald K. Nims
If the car is in his name, then he is the owner for bankruptcy purposes. The trustee might want to sell the car for the money. If the trustee doesn't sell it, then you can do anything that he permits.
Answer Applies to: Ohio
Replied: 9/30/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
He can transfer title after the bankruptcy case is closed, but not during without the consent of the trustee. And if he transfers before the bankruptcy then he would have to disclose it to the trustee and it may not be exempt anymore.
Answer Applies to: New York
Replied: 9/30/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
He can surrender it without consequences in ch7. If it has value above the debt he can sign it over to you after the trustee files a "no asset" report. These are not served on debtors so you would need to check at the the courthouse.
Answer Applies to: California
Replied: 9/30/2014
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