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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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i filed bankruptcy in 2007 and i had taken a loan out to purchase

Customer Question

i filed bankruptcy in 2007 and i had taken a loan out to purchase an atv in 2006. i only made the minimal monthly payments and so very little had been paid on the total amount due. after the end of all this no one ever wanted the atv. and so for the last couple years ive had this 4 wheeler with out it being registered to me. So my question is am i able to sell this atv or register it again or do i have any options?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.
Hello,


Thank you for your question.

You can consider filing a quiet title action to clear the title of the ATV.

A quiet title action may be filed when title to property is in dispute. It is a request of the court to determine and clear title.
Customer: replied 6 years ago.
So say i file the quiet title action, do i then have to go to court for it. What happens if the court doesnt clear the title? If the court does clear it then can i title the atv and have it registerd or can i trade it or sell it if i wish? Or can i just go ahead and trade or sell it now since so much time has already passed and they never decided to take it?
Expert:  Ellen replied 6 years ago.
So say i file the quiet title action, do i then have to go to court for it.
yes

What happens if the court doesnt clear the title?
The lienholder may repossess the ATV

If the court does clear it then can i title the atv and have it registerd or can i trade it or sell it if i wish?
Yes

Or can i just go ahead and trade or sell it now since so much time has already passed and they never decided to take it?
No you need to file a quiet title action first
Customer: replied 6 years ago.
If they were gonna reposses it wouldnt they have done it prior to the bankruptcy or even right after.
Expert:  Ellen replied 6 years ago.
Yes. However you asked if you are able to sell the ATV or registered again. In order to do so, you need to quiet the title
Customer: replied 6 years ago.
Ok for filing do i just go down to my local court house and if so what department?
Expert:  Ellen replied 6 years ago.
you will need to either retain local counsel or go to a law library to find sample forms

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