Can a clear title be gotten for an ATV that was discharged in a bankrupcy?

UPDATED: Mar 6, 2012

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Can a clear title be gotten for an ATV that was discharged in a bankrupcy?

I gave my son a gift of an ATV. It kept if for about a year. My son sold this ATV motorcycle to someone, without a title, for cash. I continued to make payments on this ATV with the intentions of paying it off and then give this person the title. Due to the turn in the economy, I was forced to file Chapter 7. The ATV was included in this and was discharge. I continued to make payment up to time of bankruptcy so there was no months of not making the payment. I wanted to reaffirm thisbut just couldn’t afford to. The problem is now this person wants to sell. Can he file for a clear title?

Asked on March 6, 2012 under Bankruptcy Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you owed on the ATV which was an asset of your bankruptcy where you received a Chapter 7 discharge, where a third party has possession of the ATV, the way to clear title placing the item in his or her name is to do the following:

1. Carefully read the bankruptcy order to determine who is to receive legal title of the item. The bankruptcy order should determine who ends up owning the item;

2. Assuming that title is to revert to you, write the registered owner of the vehicle seeking a transfer of title to you where you can transfer title to the person who bought the vehicle from you.


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