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In FL what's the deal w/being discharged in a 7 & then needing a vehicle?

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    #1

    In FL what's the deal w/being discharged in a 7 & then needing a vehicle?

    Ok...so I'm waiting to see what happens with the 4runner, which I assume will be taken, as it's my only asset.

    I have been discharged but have heard nothing on the SUV situation. It is now starting/not starting...acting up...

    Can I purchase another vehicle in the meantime? Does it have to have under $1K equity in it due to my bk? If I buy something for $3K will they want to take that away even though I've been discharged? What now in this kind of predicament?
    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
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    #2
    Just called my lawyer...

    They said if the case if discharged...they probably don't want the truck.

    I'm going to wait until after my 2/27 date which is the notice to creditors in regards to leins and after that I'm getting rid of this problem!
    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

      #3
      I agree that they probably don't want the truck, if they haven't put any effort into getting it valued. That doesn't mean they can't/won't come for it.

      If you buy something now-its not part of the BK estate. It might raise the question though of where you came up with the money.
      Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

      Comment

        #4
        Originally posted by StaciMM
        I agree that they probably don't want the truck, if they haven't put any effort into getting it valued. That doesn't mean they can't/won't come for it.

        If you buy something now-its not part of the BK estate. It might raise the question though of where you came up with the money.

        That's what I was thinking...my attorney said not to remind them about the SUV either. Now...after the 27th of Feb passes..I'll check pacer...give it some more time (isn't that all we do in bk limbo? lol), and then, I can trade the SUV in on something...I just don't want the trustee coming back & swiping my vehicle...especially if they've neglected to take it...but it seems like they can come at any time and do anything they want...like how backgammon ends...it has no rules, rhyme or reason...

        Maybe if I register it with my mother on the title? What are some things other people have done in this type of situation? I can't be the only one?
        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

          #5
          you can buy a vehicle after your 341 to be safe. why after the 341? dont ask me. some of these things are quirks.

          its probably because hte trustee has free rights to ask you anything. and who knows what could come up. so we are told 'not before the 341'

          otherwise it could lead down the path to some problem. hence the super save stance of 'not until after the 341'

          right after my 341 i bought a newer car and then sold my other car too. in fact the trustee might have been able to complain and say hey that new car has lots of value in it - i want it. and when he would have sen how much i sold my old car for he could have said hey wait you sold it for ove twice what you listed it as (kbb price listed - im just a great seller ) and then take my car and the cash away lol.

          but then again everything was listed, even the cash so he would have a fight on his hands or id just go exempt more that i had/made and leave him crying.

          if you are discharge then have at it as far as buying a newer car. but you better be able to explain who gave your that money if you didnt have it listed just in casse you are asked.

          as for the car in limbo - wait until after the close and see what happens.
          Im not an attorney or a trustee. You cant trust me either though!

          [x] - Done with 341? Join the 60 Day Club! ___________[x] - Im Discharged! Whoo Hooo!
          [x] - Poll: Should I File Pro-Se ____________________[x] - New BK Law: Median Income, Means Testing and Presumptive Abuse
          [x] - Zombie Debt Collectors Dig Up Your Old Mistakes _-[x] - Bankruptcy Law Resource
          [x] - Need A Fast Answer? Available 24/7!--__________[x] - Dont Be A Hero On Your Budget - You Wont Get An Award!

          Comment

            #6
            I really don't have any $ to purchase a different vehicle unless I trade/sell the 4runner. Funny, after driving it home from shop last night, it felt totally different. I am not used to sitting in a regular car and it was such a pleasure to be up higher. I didn't even think my SUV was that high. Well, like I said, I'll wait till after my notice for objection to leins on 2/27...it's only 26 days...hopefully the starting problem will keep itself to a minimum!
            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

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