Legal Question in Bankruptcy in North Carolina
property not claimed
My question is pertaining to property not claimed after a bankruptcy is discharged.
My lawyer was very unclear on the possession of my leased vehicle. I decided to surrender the car when I filed my petition. My lawyer explained that the lessor would come and get the car as soon as they receive notice. My bankruptcy has been discharged since June 98 and I still have the car. I have not received any phone calls or letters. I was also under the impression that if property is not claimed that it is mine, is that true in this case? Could there be any legal actions being taken against me? If so, what can I do to protect myself if I contact the lessor to reclaim the vehicle at this point?
1 Answer from Attorneys
Re: property not claimed
You have no further obligation under the lease, but the car is not yours. YOUR property that is not claimed by the trustee is yours upon closing of the case, but the lessor's property still belongs to the lessor. You have a duty to cooperate in returning it (that means contact them), and to take reasonable care to protect it. That probably means not driving it, and certainly if you do drive it, make sure you have insurance.
Daniel Press
Chung & Press, P.C.
6723 Whittier Ave., Suite 302
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