The Lender Won’t Pick Up My Car
By L. Jed Berliner, Springfield Bankruptcy Attorney on Feb 25, 2007 in Bankruptcy Cases of Interest, Bankruptcy Practice and Procedure, Benefits of Bankruptcy, Discharge Violations, Lawyer to Lawyer, Life After Bankruptcy, Massachusetts, State Specific Bankruptcy Issues, Surrendering Property
You’ve decided that you cannot afford the car loan any more and you want to surrender it. You filed bankruptcy and you stated that you want to surrender the car, and the case is closed. The lender refuses to pick up the car because of the expense, but it also refuses to release the title. You really do not need another lawn ornament in front of your house. What to do?
You can sue the bank for violating your bankruptcy discharge, at least in MA, RI, NH, ME, and PR. The First Circuit Court of Appeals, which covers this region, ruled in Pratt v. GMAC that this behavior was “coercive.”
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