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My wife just completed a chapter 13 bankruptcy and has

Hello, my wife just...

Hello, my wife just completed a chapter 13 bankruptcy and has received her official discharge. Our car was covered under the bankruptcy and now we need the car title as we were recently in an accident.

Lawyer's Assistant: What state are you in? And has anything been officially filed?

We're in IL, and yes her bankruptcy was filed and has been discharged officially. We've already received the discharge documents.

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

You mean in terms of asking for the title back?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Do we have a right to get the title back now that the bankruptcy has discharged?

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Answered in 5 minutes by:
9/18/2017
Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34,389
Experience: JD
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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Please allow me several minutes to read your facts and type my response.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Customer reply replied 9 months ago
Ok thank you!

Unfortunately, this is not a question which I can provide a yes or no answer because it depends on your specific bankruptcy. In some cases the person is required to give up their claim to the car so that it can be used by the secured creditor to offset some of the debt. In others, the car can be sold by the trustee. Your final bankruptcy order should have addressed what is to happen with your title including if the creditor was to sign the title over to you. If the bankruptcy doesn't address the issue at all then you would need to go back to your bankruptcy attorney and request that they have a specific order signed by the judge directing the creditor to sign the title over to you, The state will normally not transfer the title to solely on the basis of a bankruptcy being completed.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Texas Atty
Texas Atty, Attorney
Category: Bankruptcy Law
Satisfied Customers: 34,389
Experience: JD
Verified
Texas Atty and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 9 months ago
Ok thank you for your time and information, I appreciate it. Have a good day.

Also, if the wreck occurred prior to the discharge of the bankruptcy you will want to address the insurance proceeds with your bankruptcy attorney. You are under a duty to inform the court of any large sums of money you obtain for a number of years after the bankruptcy. However, since this is money which is just taking the place of another potentially exempt asset it may not be required in your case.

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Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

If I can ever provide assistance to you in the future please feel free to ask for me by starting your new question with "FOR DWAYNE B ONLY" and I will pick up as soon as I see the question.

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