Need Advice on a Auto Title Issue

[maddison66]

My ex filed CH7 and it was discharged in January '07. He purchased his car the same day that his CH7 was discharged. In 2009, he paid his car off, but he has not received his title from Tidewater Motor Credit because they are telling him that his title is tied up in a BK that has already been discharged.

He's not sure what to do at this point and neither am I. This situation doesn't make sense to me because the vehicle was not included in the original filing and was paid in full last year, so I do not get how it could have been included in a discharged BK.

Need advice on how to go about helping him get his title...

Thanks

michele

[tigra]

I am not a spe******t on BK issues, so I will leave it to the ones who are more experienced on this issue to get into detail, but i would probably go to the attorney who helped him file BK or the courthouse where it was filed, get a copy of all records, which should have all creditors included, and if the car loan is not on it, i would take it/fax it to Tidewater Motor Credit, and request them to correct the error. You might want to consult an attorney on this one, but I would probably try that first

[WhoCares1000]

Sounds like one of those scam financial companies the prey on those who have filed for BK. I am surprised your ex was able to pay the car off considering that the interest rate had to be near that of a credit card in default. They probably do this to anyone who pays the car off.

I would suggest that your ex either see his BK attorney or if your ex did the BK pro se, find a consumer attorney as I am guessing he will have to go to court to get the title.

BTW, when in BK, the assets you own is based on the day you filed. Hence, if the car was not purchased until after the discharge was issues, it is not part of the estate.

[KentWA]

Tidewater has been in some hot water in the past over stuff like this. I would suggest filing a complaint with the State AG in your state and Virginia. Then send a copy of your complaint to them with a demand that they release the title as the BK is discharged and did not have anything to do with the vehicle in question. It looks like the Ohio AG has been going after a few dealerships that do not transfer the title within the required 40 days.

[Denita]

Your ex should have an easy time proving the vehicle was not part of the BK estate since the file date and the discharge date are months apart AND the petition lists each and every creditor as of the petition date. If your ex has lost his BK paperwork, he can get a copy from his attorney or from PACER to show the file date and the discharge date.

Do as the others have suggested - either get a consumer attorney or have him handle it himself. The consumer attorney would probably be his best bet. Definately report them to the AG's office...