Personal Bankruptcy Bankruptcy and vehicles

[MikeOz]

Back in 2006, my mother financed a motorcycle for me to use while I was in school. She filed bankruptcy last year and it is now discharged, with her only reaffirming on her house. She never received any late notices or documents to reaffirm the loan on the motorcycle. Before she filed, a credit counselor told her that the account which the motorcycle was purchased was a credit card (GE Money Bank). Her or I don't know what to do about the motorcycle, is it free and clear? Now that the BK is discharged, can they still come and get the motorcycle or money for it?

 

[Theresagail]

Who has the title? If your mom has the title then there is no lien and it is yours--- I am thinking this was purchased off the credit card, if this is true, the debt has been discharged and no they can not come get the bike, as this would have been a credit card purchase and credit cards are unsecured --- however if this was a title loan ( they have the title—Secured loan) then yes the can come get the bike—but they should have done this a long time ago.

 

[MikeOz]

We have had no title ever. A DMV that I called said there was a lien holder (GE Money Bank), the only thing that is confusing is the credit counselor. When they pulled her credit, before she filed, he told her that it was a credit card.

 

[Theresagail]

Then GE Bank is sleeping @ the wheel-- they should have taken care of this for ever ago-- Your Mom can either call them up and tell them to come get the bike-- or she can call them up and ask them if they will settle and release the title -- if they get the bike back they can not come after your mom for the deficient bal per this was never reaffirmed etc.. and the debt has been discharged-