Personal Bankruptcy Repossession after bankruptcy

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mike3d2

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I live in Missouri and filed chapter 7 bankruptcy in March of 09 and discharged in July of 09. I owned a Bobcat (construction equipment) at the time I filed and did not re-affirm it. I intended to let it go back to the bank. Before the discharge I saw where the finance company filed for relief from the stay so they could repossess it. Before the discharge the court granted the finance company permission to reposes it. So a month goes by after the discharge and the bobcat is still sitting on my property. I called the finance company and was given a phone number for the person who handles bankruptcy and repossession. I have left no less than 12 messages with this person wanting to know the status and telling them where it is and requesting them to come pick it up. The first message I left was in August 2009 and the 12th message the first week of December 2009 and I have not gotten a response from them. The finance company does not seem worried about picking it up or even calling me back.

My question is what do I do? Do I have to hang on to it or can I get rid of it? If I get rid of it can they later come back on me with a law suit even though it was part of the bankruptcy? Any help would be great.
 
It is a titled vehicle so if you get rid of it you will have to pay off their lien. Either way they are happy. You can't just dispose of it, you have to take care of it till they come. You can use it, treat it like it is your own.
 
Actually bobcats are not titled, there is no title for it. I have owned several of them in the past and have purchased them new from a dealer and they are not titled. Does that change anything? Any reason they would take so long to come get it?
 
I'm sure they have a UCC lien on it. No that doesn't change my advice. They are not in a hurry to get it but they will eventually come for it.
 
If you included it in your chapter 7 bankruptcy and it's not titled and they do not respond to you it seems to me they might not want to take the time to come get it and take it back. If something is of value to them most lenders are very aggressive in getting their property back. If you used a bankruptcy attorney I would contact them and ask if the lender has any recourse. If they don't enjoy your bobcat.
 
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