Legal Question in Bankruptcy in Indiana

repossesion of collateral

i have a 1991 plymouth acclaim used as collateral on a loan from a finance co. that i filed to disolve in bankruptsy court.i went to court in dec.,2003 and the bankruptsy closed in april,2004. the finance co.does not want the car and won't pick it up.i've called them several times and either the manager is to busy to talk or i'm told he'll call back [never does]. i was able to get him one time 3 weeks ago and asked him to send me the title since they dont want it. he refused and told me he would call a junkyard to get it.so far,nothing. my question is: do i have any legal means to get the title and keep the car, or does the finance co. have a right to leave it sit and deteriorate on my property until or if they decide to pick it up?


Asked on 6/12/04, 2:40 pm

1 Answer from Attorneys
Eric Southward Southward & Haggard

Re: repossesion of collateral

They still own it and no, they don't have to pick it up. You may be able to apply to the BMV to clear the title. You can have a junkyard get it yourself. You can abandon it. Or drive it with bad title.

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Answered on 6/15/04, 2:16 pm


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