Turning in property after bankruptcy

[KYGill]

What is the name of your state (only U.S. law)? Kentucky

I had recently co-signed on a loan with my mother for a motorcycle. The motorcycle was sold to a friend and he was supposed to take over payments (which he did for a long time). She filed chapter 7 bankruptcy and everything was discharged. My friend has stopped paying payments on the bike and I cannot find him to turn it back in. We have some company calling the house saying they had a federal injunction for us to turn it back in or we were going to get charged with felony theft. If I can find the bike I will turn it in. Intill then, what should I do? Can they arrest me for this?

 

[justalayman]

how did you sell a motorcycle with a lien on the title? Did you somehow transfer the title?

 

[KYGill]

I didnt change over the title. Hes just had it and been making payments.

 

[nextwife]

You had no right to turn it over to someone else that way. You were obligated to pay off the loan if you transferred it to someone.

You had better get it back and turn it over.

 

[justalayman]

You had no right to turn it over to someone else that way. You were obligated to pay off the loan if you transferred it to someone.

You had better get it back and turn it over.

or plan on that debt not being discharged in the BK.

I don't know if they would go to the extent of seriously considering criminal action but in some circumstances, it is possible, and appropriate.

 

[KYGill]

The bankruptcy has been discharged for a long time now. Guess you didnt read the post. I understand Im obligated to pay that off. Im not looking for a lecture. So forget it. I'll call an attorney.

 

[justalayman]

The bankruptcy has been discharged for a long time now. Guess you didnt read the post. I understand Im obligated to pay that off. Im not looking for a lecture. So forget it. I'll call an attorney.

You enjoy watching over your shoulder from here on out. Take care now and have a good night.

 

[postdreams77]

The bankruptcy has been discharged for a long time now. Guess you didnt read the post. I understand Im obligated to pay that off. Im not looking for a lecture. So forget it. I'll call an attorney.

Yikes! Some friend he turned out to be! I'm not sure what you should do in that case, but I think you're on the right track, contacting a lawyer. We all make mistakes, but certainly shouldn't be considered criminal because of them. I wish you luck!

 

[nextwife]

The bankruptcy has been discharged for a long time now. Guess you didnt read the post. I understand Im obligated to pay that off. Im not looking for a lecture. So forget it. I'll call an attorney.

You actually had Mom advise the attorney when filing that you had given the security to someone ELSE and he still let her complete the BK without disclosure?

Next time don't be so generous with someone elses property. One has absolutely NO right to hand off the collateral for an open loan.