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Can I call the Trustee?

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  • Can I call the Trustee?

    I am pro se and have a question for the trustee. Can I call him?

  • #2
    Yes.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

    Comment


    • #3
      Yes as you represent yourself. If you had a lawyer, they would not talk to you and insist only your lawyer. 'Hub
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


      • #4
        What is the question?

        Comment


        • #5
          Hi HHM, check is other thread:

          http://www.bkforum.com/showthread.php?t=29081

          It has his actual question in it
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

          Comment


          • #6
            Originally posted by HHM View Post
            What is the question?
            My question is- Can I sell a vehicle to pay off a secured loan, which I have negative equaity in?

            I did call and leave a message.

            I will post his response.
            Last edited by KP1980; 10-02-2008, 10:09 AM.

            Comment


            • #7
              The question itself doesn't make sense. You want to sell off a vehicle that you owe more than it is worth? So if I understand correctly, you would have to come to the table with money? If that is the case, you don't sell the vehicle, you turn it back into the creditor and reclassify the balance of the debt as unsecured.

              Good Luck
              Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

              Comment


              • #8
                Originally posted by BKParalegal View Post
                The question itself doesn't make sense. You want to sell off a vehicle that you owe more than it is worth? So if I understand correctly, you would have to come to the table with money? If that is the case, you don't sell the vehicle, you turn it back into the creditor and reclassify the balance of the debt as unsecured.

                Good Luck

                Yes, I owe 8,000. I have someone who wants it for 7,000. It is worth 7,500. I will come up with the money to make the difference. Ive been trying to sell the car since before the bankruptcy.

                If I dont sell it before discharge I will reaffirm and continue to pay on the joint loan, untill it sells.
                Last edited by KP1980; 10-02-2008, 02:08 PM.

                Comment


                • #9
                  Or you could just light your money on fire, at least you will get some heat from it for a few minutes. My point is, why pay off a debt that you can discharge in the bankruptcy?
                  Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                  Comment


                  • #10
                    Originally posted by BKParalegal View Post
                    Or you could just light your money on fire, at least you will get some heat from it for a few minutes. My point is, why pay off a debt that you can discharge in the bankruptcy?
                    Maybe Im confused. I thought it could not be discharged. I thought my only choice was to reaffirm, because it is a joint loan and I filed as an individual.

                    I do want to make the right choice, and not waste any money.

                    Comment


                    • #11
                      You have 2 threads going on this and it is confusing everyone. Now that you added the joint debt issue on this thread, you are correct. The debt will be discharged from you but not the co-signor (unless they have filed BK as well)
                      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

                      Comment


                      • #12
                        Originally posted by BKParalegal View Post
                        You have 2 threads going on this and it is confusing everyone. Now that you added the joint debt issue on this thread, you are correct. The debt will be discharged from you but not the co-signor (unless they have filed BK as well)
                        One thread is my original vehicle question. The other thread was about the trustee. Which was to ask him that vehicle question.
                        I had two different thread that came full circle.
                        Im sorry, Im so stressed right now that Im probably not making any sense.

                        Comment


                        • #13
                          We are all stressed when we get to this point. Most folks make several threads too about the issues in their stress , don't stress about that

                          I understand the stress. It will get better.

                          Have you told the joint/co signer that you are filing bankruptcy?
                          May 31st, 2007: Petition Filed by my lawyer
                          July 2nd, 2007: 341 Meeting Held
                          September 4th, 2007: Discharged and Closed.

                          Comment


                          • #14
                            Your joint loan is between your husband and yourself (per other thread)
                            So basically you are wanting to sell this car so that your husband doesnt get stuck with the bill. Correct?

                            While I am not a professional , I do hope if you call the Trustee you are 100% honest with the entire details of this. You have only given bits and pieces at a time here.

                            You have a loan with your husband as a codebtor- you want to sell it and make sure its all paid off so that he isnt responsible. Because basically this would affect you as well.

                            Definately sounds preferential to me.

                            The sale of this car WILL be questioned and WHY you sold it will also be questioned. The sale of anything large like this will be looked into further. And then once the details come out that you sold it to 'help' YOUR husband you just opened up a whole new can of worms.

                            Dont think it wont be obvious. Trustees do this every single day and can smell rotten fish from a mile away.
                            5/29 Filed 7~ 341-on 6/24
                            8/27-DISCHARGED
                            11/2 - CLOSED
                            EQ-604 EX-605 TU-560 ~4.5 months after discharge

                            Comment


                            • #15
                              Originally posted by momof5 View Post
                              Your joint loan is between your husband and yourself (per other thread)
                              So basically you are wanting to sell this car so that your husband doesnt get stuck with the bill. Correct?

                              While I am not a professional , I do hope if you call the Trustee you are 100% honest with the entire details of this. You have only given bits and pieces at a time here.

                              You have a loan with your husband as a codebtor- you want to sell it and make sure its all paid off so that he isnt responsible. Because basically this would affect you as well.

                              Definately sounds preferential to me.

                              The sale of this car WILL be questioned and WHY you sold it will also be questioned. The sale of anything large like this will be looked into further. And then once the details come out that you sold it to 'help' YOUR husband you just opened up a whole new can of worms.

                              Dont think it wont be obvious. Trustees do this every single day and can smell rotten fish from a mile away.
                              We have had the vehicle for sale for nine months. It just so happens we finally found a buyer, just at a bad time.
                              Im not helping my husband by selling it, Im helping us because any payments come out of our household income.

                              When the trustee asks why I sold it, it was to pay off the loan. Im selling it no matter what becasue we've been paying for a vehicle we dont need and cannot afford. I dont see anything fishy about that. We will not make anything from this sell.
                              Last edited by KP1980; 10-03-2008, 08:07 AM.

                              Comment

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