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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I claimed chapter 7 about 6yrs ago. I own a motorcycle that

Resolved Question:

I claimed chapter 7 about 6yrs ago. I own a motorcycle that still has the lender listed as the lein holder. I have had full insurance coverage on the motorcycle since that time, my problem is there is now damage to the bike and need to put in a claim. I am afraid that the "lein holder" will try to take possesion of the motorcycle as I am certain they will have to sign the insurance check before i receive it.

Any help would be greatly appreciated. I live in MA
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 5 years ago.

So sorry to hear of your dilemna. I will strive to provide you with legal information to assist you.

I am a lawyer with 25 years experience. Although I am not your attorney, I hope that I can give you helpful legal information on this open and nonconfidential forum.

Are you currently up to date on the loan?
Customer: replied 5 years ago.


the loan was included in the bankruptcy?....................I never received another statement.

Expert:  Ellen replied 5 years ago.

The chapter 7 bankruptcy would have discharged your personal liability on the motorcycle him but not the lien on the motorcycle. This means that the lender could repossess to satisfy the debt but could not obtain a deficiency judgment against you for the unsatisfied portion of the debt. The lienholder would be entitled to the insurance proceeds
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