Lien Release
I know I have asked this question before. What form do I have to file and in what court to get a lien released on a car that was discharged in C-7 a year ago. The car is still sitting in my driveway so it would appear the lender has abandoned it.
Answer:
I don't know of any process through the bankruptcy court that would allow you to simply avoid the lien of an automobile creditor. You may want to contact counsel for the creditor and suggest that they move it, pay storage, or accept a token payment to release the lien. You can avoid the fixing of a lien to the extent it impairs exempt property, but debtors usually don't have any equity to exempt in an automobile due to the fact that an automobile depreciates more quickly than the regular payments reduce the principal. The best way to accomplish this is a motion for redemption, which can be entered in after discharge. Ask your council about this. On the other hand if it were to get impounded, and the bank had no interest in paying the impound fees, a mechanics lien could be perfected and strip the first lien off.
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