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When can we Trade in Truck we are Buying Back from Trustee

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    When can we Trade in Truck we are Buying Back from Trustee

    Back story- We filed Chap 7 in Aug 2014(no asset)- at 341, The Trustee changed us to an asset case due to the fact that we were a bit over exemptions w/ my husbands truck. We chose to pay the Trustee $1000 to "buy back" my husbands truck (paid off). We are set to be discharged next week, and our crediters have until the end of Dec to file claims due to us now being an asset case. I am wondering if we need to wait until after the case is closed to trade in said truck, or if after discharge is ok. Long story short- hubby used to work from home, but got a better $$ offer and now commutes 140 miles round trip 5x per week (with added driving when he does location visits). His company will give him a $400 car allowance and pay 100% for gas if he has a vehicle that gets 25mpg or better (the truck does not). As it sits now- we are having to reimburse gas after a certain percentage. The truck has 200k miles on it- if we are going to be losing 2-300 per month of the allowance- we'd at least rather it be going towards a more reliable vehicle payment rather than for fuel reimbursement. Would like to trade in the truck asap- just not sure if we need to wait until we are closed or if discharged would suffice. Tried calling the Lawyer- it feels like once they got our $$ and got us filed they felt they were done.

    #2
    saralee, I moved your post to a new thread where you are more likely to get responses.

    As long as the truck is part of the BK estate, you cannot trade it in. Your discharge has nothing to do with the truck. Have you paid the $1,000 to the trustee? If not, I am certain you can't sell the truck. If you did pay the trustee, you need some confirmation that it is no longer part of the BK estate before you can trade it in. I don't know what form that confirmation will come in. If it has been more than a couple of days since you left a message for your lawyer, call again. Your message should include the reason for your call. Be a squeaky wheel.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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      #3
      Thank you, Lady! Yes- we have paid the $1000 to the Trustee to keep the truck. I will give the Lawyer another call tomorrow-

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