Arrrgghhh

We are surrending our motorhome in our Chapter 13. We retained and paid attorney in Feb., still have yet to see any paperwork...they are "still working on it".

Today I get a call from the lender on the motorhome and they ask if we would be willing to drive the RV over to the dealership where we bought it, as they were going to have them sell the RV for them.

I said, yes we have no issue with it. We are not "upside down" in this RV, and would like to see them get the very most then can for it...so anything we can do to help that matter...we are willing to.

So, I Email the lawyer to make sure this is OK to do. I get this answer back..."this is a personal decision for you and your husband to make. You can do it now or wait until the bankruptcy."

DUH...I was asking a legal question and not a personal one. I wanted to make sure this was OK to do right now, since we have yet to file.

She then went on to state, "I understand it was a legal question. I was just letting you know what your options were and that we can’t advise you which way to go".

Not advise me?????? What in the heck did we hire an attorney for then?

Am I missing the boat here or being over sensitive?????

Yes, you are missing the boat :)

Your lawyer is absolutely right...you are "assuming" it was a legal question, but it really isn't. (or at least not a difficult one).

Your lawyers answer is basically...from a legal perspective, it does not matter what you do with the motor home pre-chap. 13...hence, the decision is a personal one.

The reason it does not matter is because you are filing chapter 13, you get to keep or dispose of assets and everything gets worked out in the plan, so you can do whatever you want with the motorhome.

I'm not sure that is exactly right HHM, according to the paperwork we got from the trustee, once you file BK, even CH 13, all of your assets become property of the BK estate. We were told we were not allowed to buy or sell anything of value, including our junker cars, without permission from the trustee. So I don't think you get to dispose of assets if you want to once you file, you need permission of the trustee, at least that is what my packet of info from the CH 13 trustee states. I would get rid of the motor-home now, before filing, so you don't have to worry about it being part of the CH 13 estate and needed to do more paperwork to sell it at that point, but that's just me.

I'm not sure that is exactly right HHM, according to the paperwork we got from the trustee, once you file BK, even CH 13, all of your assets become property of the BK estate. We were told we were not allowed to buy or sell anything of value, including our junker cars, without permission from the trustee. So I don't think you get to dispose of assets if you want to once you file, you need permission of the trustee, at least that is what my packet of info from the CH 13 trustee states. I would get rid of the motor-home now, before filing, so you don't have to worry about it being part of the CH 13 estate and needed to do more paperwork to sell it at that point, but that's just me.

We are talking about surrendering it PRE Chapter 13 or surrendering it POST chapter 13. If the the debtor is going to surrender the motorhome, it does not mater when they do so.

Please be sure to read and respond to posts within context so as to avoid needless confusion.

Thanks HHM

I guess I just needed some clarification. I am not real happy with some of the service I had received from this law firm, and I guess I took this as another "blow off".

I will simmer down now!

Why not keep and use the motor home untill they get the stay lifted? It could be months.

Why "screw" the lender anymore than I have to? If I surrender now, with the start of spring/summer season then they have a better chance of selling at a decent price.

With the price of gas and all, we have not taken the RV out since New Year's anyway.