What really happens in FL when they take your asset (car)?

[AMISLANDER]

You'd think by now, this subject would be a dead horse, however, I've come up with another questionable puzzle piece to the 4Runner. Here goes:

If the trustee decides to take the 4Runner to auction off and split the proceeds however he deems fit...what happens to my $1K exemption? Do they send me a check for $1000 for giving up my SUV?

Or, if I am lucky enough to get $1K on the car that was exempt, will they try to take back the $1K as another "cash" asset that I have acquired if I don't put it into a hoopty soon enough.


And, if I turn around and my mom helps me purchase a say 1995 Mitsubishi for $5K...can the trustee seize that if it's paid off? Does it need to be in both of our names? I don't want to have car payments...can't afford them...how do I handle the next car which will be my only asset so it doesn't get taken away. I only paid off the 4Runner so the IRS couldn't put a lien on it from last year when I paid off my 4year debt....

[bkfiler]

you only get to keep the $1000 if you get to keep the car. if that amount doesnt cover the exemption then you lose the entire amount.

ok just kidding hehe. they give you that much back. i think you would get the first $1000 out of it bu tnot sure. maybe not. if you do get some back then its exempt you get to keep it. id imagine the trustee will send you the money. good question though.

are you the same person that had the SUV? i thought that was someone else. lol what is going on here. or is everyone in the same suv-boat in florida at the moment.

someone else can buy you something if they choose. make sure they have a contract stating what the terms are and if it belongs to you or not. that contract determines who owns it. are you going to try to do this before the case is closed? cant you wait so it wont matter?

[AMISLANDER]

SUV party in FL!!!!

you only get to keep the $1000 if you get to keep the car. if that amount doesnt cover the exemption then you lose the entire amount.

ok just kidding hehe. they give you that much back. i think you would get the first $1000 out of it bu tnot sure. maybe not. if you do get some back then its exempt you get to keep it. id imagine the trustee will send you the money. good question though.

are you the same person that had the SUV? i thought that was someone else. lol what is going on here. or is everyone in the same suv-boat in florida at the moment.

someone else can buy you something if they choose. make sure they have a contract stating what the terms are and if it belongs to you or not. that contract determines who owns it. are you going to try to do this before the case is closed? cant you wait so it wont matter?

I must be the only idiot in Florida to pay off their car and then declare bankruptcy...I should have smoked the money up and kept on making car payments...lol...just kidding...I can't be the only one with a paid off car that a trustee wants to keep, can I?

Yes, I have the freaking 4Runner. I bet there's going to be a glut of us with SUVs as this year moves on, maybe I've started a FL trend?

No, I don't want to buy another vehicle before they take my 4Runner. If they don't take it, you can darn well bet I'm going to trade it in on something with better gas mileage at this point and time...I'm really looking to go back in time & find a Mitsubishi Starion (1989), Toyota Supra (89) ...I don't know, I'm tired of 4Runners at this point. I've crashed them, had them repo'ed, impounded and now about to be taken away as a result of my bk which is a result of cocaine...bad memories...SUV must go!!!

But, yes, seriously, if I have to purchase another car, should it be in my name & someone else's at this point in time due to the fact that we keep reading that these trustees can reopen our cases for a year even though we've been discharged...?

[bkfiler]

no, after its closed you are free to buy whatever you want.

i already bought a new used car and sold my other one. and im not even discharged. attorney said to wait until after the 341 to make sure i could answer to the trustee that nothing changed.

u a wild girl eh?

[AMISLANDER]

no, after its closed you are free to buy whatever you want.

i already bought a new used car and sold my other one. and im not even discharged. attorney said to wait until after the 341 to make sure i could answer to the trustee that nothing changed.

u a wild girl eh?

Not really, maybe I was having a mid-life crisis and unaware due to a certain substance....I won't have to embellish in my book like James Frey did in "A million little pieces...I don't know if I can put a link here to my preview of my writing...is it allowable?

[bkfiler]

im not a mod but if its not for sale yet then i dont see why not. people cant click the 'scam' button to the left if they dont like it posted.

[AMISLANDER]

preview of story

http://www.hometown.aol.com/ladywithafan321/

The picture is "the real deal," not staged, my boyfriend almost lost his mind when I took that shot but I needed it for my book...

I really need to set up a webpage or blog or something like that...

[bkfiler]

is that a little baggie he is passing you?

[AMISLANDER]

is that a little baggie he is passing you?

That's called a hand off...of dropping the rock.

[Minnymouth]

Many things bring us to bankrutpcy - complusive shopping, medical problems, gambling, and of course the drug problem.

You have the makings of a good short story or book.... Be sure you get your copyrights too it first before showing too much of it too the public.

Congradulations on confronting your problem HEAD-ON, you have more inner strength then you realize. Release all those "demons of the rocks" in a book and let it make your life more comfortable from the proceeds.

[bkfiler]

dont copyright it before you file though. it will belong to the trustee lol.

[AMISLANDER]

Thank you!

Many things bring us to bankrutpcy - complusive shopping, medical problems, gambling, and of course the drug problem.

You have the makings of a good short story or book.... Be sure you get your copyrights too it first before showing too much of it too the public.

Congradulations on confronting your problem HEAD-ON, you have more inner strength then you realize. Release all those "demons of the rocks" in a book and let it make your life more comfortable from the proceeds.

I did that little web thing back in 2003. Been trying to write a chapter a week since last summer but that page is really not a part of it. I think I have to email/write somewhere in D.C. to get the copyright protection...will definitely do that prior to releasing any part of the story...

[bkfiler]

no. a copyright exists at the time you put it on paper. to better protect yourself under copyright laws you shouldl put:

ALL RIGHTS RESERVED. @ COPYRIGHT 2003-2006 MYNAME

on your sheets. also, everynow and them, make a copy of what you have and mail it to yourself with a "please hand cancel on it" to make sure they postmark the date better. this is an easy way to protect your work.

sure you can take it to AAA and get it notorized as well. or register it with the copyright department in DC or whereever it is. no need though.

[AMISLANDER]

Again, thank you so much

no. a copyright exists at the time you put it on paper. to better protect yourself under copyright laws you shouldl put:

ALL RIGHTS RESERVED. @ COPYRIGHT 2003-2006 MYNAME

on your sheets. also, everynow and them, make a copy of what you have and mail it to yourself with a "please hand cancel on it" to make sure they postmark the date better. this is an easy way to protect your work.

sure you can take it to AAA and get it notorized as well. or register it with the copyright department in DC or whereever it is. no need though.

I've heard the thing about sending a copy to yourself ... I'll check into that...

[bkfiler]

oh, dont open it. just write down what copy date it was and keep it with another copy so you know whats inside lol