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  1. #1
    dustinalvillar is offline Junior Member
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    police impounded my car, bankruptcy reinstated license can i get my car back?

    I live in California... ok so i had a judgement against me that turned into collections which resulted in my license being suspended .. my insurance company told me if i bought a $55 sr22 license would be reinstated.. so i got pulled over by san bernardino's finest, my car got impounded for 30 days, i filed bk and right away was faxing 2 dmv n license was reinstated because judgement was considered satisfied or something...

    what im trying to say is .. the guy who helped me file bk tells me i can get my car back still because bankruptcy will cover storage fees and everything, of course the lovely lady at the tow place says hellllz no

    is there really a way to get bk court to stop lien sale on my car n give it up or work out something?

    thanks any helps appreciated
  2. #2
    Dave1952 is offline Member
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    This is a question for the guy who helped you file for bankruptcy. He is an attorney, right?
    All you say in your post is that you filed for bankruptcy. We do not know whether the court granted bankruptcy or whether this was a debt listed in your filing.

    Good luck
  3. #3
    racer72 is offline Senior Member
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    the guy who helped me file bk tells me i can get my car back still because bankruptcy will cover storage fees and everything
    Tell "the guy" he is wrong. When you file for bankruptcy, you have 2 kinds of debt, secured and unsecured. The unsecured debt will be discharged and you don't have to repay those debts. Secured debts have a secured interest for the creditor and cannot be discharged by bankruptcy. Guess what? The towing company has a secured interest in what you owe them, it is your vehicle. You don't pay them what you owe, they can sell your vehicle to cover the bill. The good new is if you still owe anything after the vehicle is sold to cover your bill, that will be discharged by the bankruptcy.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  4. #4
    bankruptcylaw is offline Junior Member
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    Quote Originally Posted by racer72 View Post
    Tell "the guy" he is wrong. When you file for bankruptcy, you have 2 kinds of debt, secured and unsecured. The unsecured debt will be discharged and you don't have to repay those debts. Secured debts have a secured interest for the creditor and cannot be discharged by bankruptcy. Guess what? The towing company has a secured interest in what you owe them, it is your vehicle. You don't pay them what you owe, they can sell your vehicle to cover the bill. The good new is if you still owe anything after the vehicle is sold to cover your bill, that will be discharged by the bankruptcy.
    That's not entirely true. If the poster filed for Chapter 13, then there is a very good chance that the car can be ordered to be returned. In fact, it's very common to file for Chapter 13 with that purpose in mind.
  5. #5
    disneykid52 is offline Member
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    never knew a license could be suspended for collections. is this in all states?
  6. #6
    woodykas is offline Member
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    Quote Originally Posted by disneykid52 View Post
    never knew a license could be suspended for collections. is this in all states?
    nope. just try to not pay for your traffic/parking ticket. Next step - DMV will send your unpaid bill to collection and also suspend your license for non-paid tickets.
  7. #7
    racer72 is offline Senior Member
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    Quote Originally Posted by disneykid52 View Post
    never knew a license could be suspended for collections. is this in all states?
    Yes in some states. If a judgment is granted because of a traffic accident, the debtor's license can be suspended till the judgment is paid. This is true in California and my state, Washington.
    If you feel my answer is rude, mean, snarky or in anyway not to your liking, I did my job. You don't need to tell me.

    No private messages, I do not reply to them.
  8. #8
    dustinalvillar is offline Junior Member
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    i cant talk to the guy because both numbers i have on him are turned off... i actually have a business card somewhere w his email. but okay so.. i called tow place and they sold my car .. donno how much i owe them, they said the collection company will contact me with that info or i can call back tomorrow... and the guys not a lawyer, hes a paralegal. the police department and the tow company are both listed on my bankruptcy but do i have to update amount? already had meeting of creditors 2 find out i didnt have tax for '08 and '09 so now i have that taken care of ..

    oh yeah thanks everyone, i've never posted on any forums before asking for help. i appreciate it
  9. #9
    missly is offline Junior Member
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    You said you reinstated your drivers license after bankruptcy, what steps did you take to do this? did you have to fax papers to the DMV?

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