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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I was selling my truck. I signed over the title. She never

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I was selling my truck. I signed over the title. She never put the truck in her name and didn't make any of the payments we agreed on. I took the truck back from her. She informed me the next day that she filed bankruptcy and the truck was on it. I went to the DMV and was able to get another title. Like I said, she NEVER put the title in her name. Her lawyer THINKS I need to give the truck back to her. Do my question to you is, how can she file bankruptcy on a vehicle when she never put the title in her name? I need to know if I have to give the truck back to her or should I get a lawyer? Can I sue her for fraud?
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

Just because the debtor listed the truck and you as a creditor doesn't mean that you are required to return the vehicle. Since you're a secured creditor (meaning that you have collateral security your loan = the truck), you have the right to repossess your vehicle if the person hasn't paid you.

Thus, it's probably best to keep the vehicle unless a court order is entered directing you to return it. You should also consult an attorney about filing a motion for relief from the automatic stay and get permission to keep or sell the vehicle due to the buyer's default. It would be best to consult an attorney to file this on your behalf to make sure that you don't violate the automatic stay.

If you took possession of the vehicle before the bankruptcy, and becuse you're a secured lender, you should be able to get a court order giving you the green light to proceed.
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