Legal Question in Bankruptcy in Virginia

how can I get a dismissal of a filed chapter 7. I have a car that is NOT mine but belongs to my son, but was titled in my name to get a better rate on insurance. Now the trustee wants to sell my sons car to pay my debts.

Asked on 7/17/13, 12:02 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

You do not have a right to dismiss a chapter 7, and if the trustee is administering assets, there is no way the court would grant such a request. It may be possible to convert to chapter 13, or you may be able to buy the car back from the trustee. You need to discuss this with your bankruptcy lawyer (if you don't have one, hire one NOW).

It may also be possible for your son to argue that the car is indeed his, because he is the only one that drives it, assuming he paid for it 100% with his own money that you did give him, but the title in your name will be hard to overcome (and perhaps you reported to the insurance company falsely that you do drive it? - if so, you would be admitting to insurance fraud).

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Answered on 7/18/13, 3:51 am

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