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Motion to compel turnover of 2000 Toyota 4Runner

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    #1

    Motion to compel turnover of 2000 Toyota 4Runner

    Well...l have 20 days to object and ask for a hearing. Trustee does not consider the lien to be valid under FL law.

    has anyone ever objected...like I have to send the judge a letter begging to keep the car so I can get to work?

    Suggestions???
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go
    Tags: None
    #2
    I am sure you have already posted about this, but could you give a brief summary about the nature of the lien. Is it a family member holding the lien?

    As for what you would have to do...within the 20 day deadline, you need to file a response to the trustee's objection. You file the response with the Bankruptcy Court Clerk and then you mail a copy of your response to the Trustee.

    If the trustee is objecting to the legal standing of the lien, about all you can do to respond is with a counter argument saying, the lien is valid. This is probably a highly technical issue that you will need a lawyers assistance for.

    Your other option is to negotiate a settlement with the trustee, after all, the trustee is looking to void the lien so he can take possession of the vehicle and sell it and get money to pay your creditors (and himself). If you had something to offer, some money, or something that would satisfy the trustee, then he might accept that in lieu of taking the vehicle and incurring the costs associated with selling it.

    But, if you don't want the vehicle, just do nothing.
    Last edited by HHM; 11-03-2006, 09:42 AM.

    Comment

      #3
      Originally posted by HHM View Post
      I am sure you have already posted about this, but could you give a brief summary about the nature of the lien. Is it a family member holding the lien?
      [I]Oh, you know I have, lol!...
      My mom has the lien on the title which was on Jan. 5, 2005. I borrowed some money from her which added up to $6K and she wanted a lien on title which would come off when I paid my debt. I filed ch.7 10/05. I had not paid her anything back yet as I ran into IRS debt and had to pay them off for four years of back taxes to the tune of $18K which I had to take out of an IRA so I wouldn't be on a payment plan forever...[/I]
      As for what you would have to do...within the 20 day deadline, you need to file a response to the trustee's objection. You file the response with the Bankruptcy Court Clerk and then you mail a copy of your response to the Trustee.

      Can I do this just through the mail? I can not take time off from work to go to Tampa...where the bk court is, it's 75 miles away and I work 8-5...?If the trustee is objecting to the legal standing of the lien, about all you can do to respond is with a counter argument saying, the lien is valid. This is probably a highly technical issue that you will need a lawyers assistance for.


      Your other option is to negotiate a settlement with the trustee, after all, the trustee is looking to void the lien so he can take possession of the vehicle and sell it and get money to pay your creditors (and himself). If you had something to offer, some money, or something that would satisfy the trustee, then he might accept that in lieu of taking the vehicle and incurring the costs associated with selling it.

      I have less money than ever each day!!! Truck needs 2 catalytic converters...Toyota wanted $3K for that job...trustee will know where to get that job done for less, it has starter problems, oxygen sensor problems, needs a new power antenna, another $1K job as that's located deep in the door/side panel...plus rear bumper work where I backed into something at the 711 and it's dented in the rear panel as well as bumper.....does he really want to deal with all this work...would I include these issues in a letter to the court?
      But, if you don't want the vehicle, just do nothing.

      I guess it wouldn't be that much to do the letter, explain the situation...and see what happens?


      How will I get to work if they take the truck and when will I get my $1K check from trustee, which is the amount of the Florida exemption?
      Last edited by AMISLANDER; 11-03-2006, 10:20 AM. Reason: mistakes
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment

        #4
        If you have good faith estimates from the dealer mechanics that are in writing (or get them in writing), simply show those to the Trustee. Now, he may not care, the wholesale liquidation value of the truck may be greater than your exemption, so he could still turn a profit on taking the truck, but the repair estimate may give the trustee a moment of pause since he won't get as much as he anticipated and he may be more willing to work something out. This has the effect of lowering the value of the vehicle. (I cannot believe the FL exemption on vehicles is only $1,000, that seems awfully low for a state that is particularly debtor friendly.)

        You really need to get a lawyer for this one. Although it's compelling to plead your facts...the fact of the mater is, doing so won't change the legal standing to of the lien.

        As for filing by mail, I honestly don't know. All attorney's e-file so I don't know if the clerk of court will accept filing by mail...I suspect they do, but you need to go to the BK Clerks Office website for your area and they should have info on how to file documents.

        If I were you, I would get the repair estimates and have a chat with the Trustee and see if something can be worked out.

        Comment

          #5
          Thank you so much for the helpful information

          I will take the truck over to Toyota and see what they can do for me...Can you believe the cost of those darn catalytic converters was $3K that was april of 2005 price...hmmmm....I will check on the website & see if I can send a certified letter of distress....last time I checked, the exemption on a vehicle was $1K...you can keep your million dollar house, but you have to take a bus...lol...

          Being that my xhusband's mom was in the car business back in NY...we had gotten a 2 year old 4Runn (1995) in 1997 and I think it was like 5K from the auction...being that car was only two years old but with 70K miles...well...my 4Runner is a 2000 it's now 2006. I bought it for 14K three years ago...now it has issues...I'm guessing it's around $4,500 at auction? plus it will be in the yellow lane with it's problems....ok..enough wondering...let me see what I can find out about sending the letter with estimates on repair....I don't want to have Toyota charge me for giving the estimates either....but they're going to be higher, I would guess than your regular mechanic...

          what to do what to do...
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            Wild card for FL...

            ...up to $1000 on cars is still the same rule for car exemption...$1K for personal property...I wonder if this could be used on the car also for a $2k return as that's the only thing I have of value....?
            Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
            Who it was we were below, where we've been and where we go

            Comment

              #7
              Once you show the trustee the estimate for fixing the truck, the trustee would not want to touch it.

              Comment

                #8
                Originally posted by Spartan View Post
                Once you show the trustee the estimate for fixing the truck, the trustee would not want to touch it.

                Ya think? I presented him with a list of the problems at the 341 last year.......gee whiz....he'll probably want the estimates notarized....question is will Toyota be cool enough to do this/and or...how low does my neckline need to be to convince them to do it for me...
                Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                Who it was we were below, where we've been and where we go

                Comment

                  #9
                  P.s.....

                  ...see how having your name as a lein on a title really doesn't mean anything?
                  Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                  Who it was we were below, where we've been and where we go

                  Comment

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