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Can I sell my cars?

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    Can I sell my cars?

    I believe my attorney filed our 13 today! I remember asking him if we could sell our vehicles and he said to wait until we file then go ahead. Any thoghts on this. Both vehicles were exemp. I am moving out of the country soon so both cars have to go.

    #2
    Originally posted by newoutlook View Post
    I believe my attorney filed our 13 today! I remember asking him if we could sell our vehicles and he said to wait until we file then go ahead. Any thoghts on this. Both vehicles were exemp. I am moving out of the country soon so both cars have to go.
    Since your Ch 13 is already filed, you *MUST* get your trustee's permission to sell any asset, even one protected by exemptions. Do you plan to sell the cars for cash or are you using them for a trade-in on another vehicle?

    If you do get permission to sell, it's safest that the car is never converted to cash but only used as a trade-in. Unless you are living in one of the few states that can protect a large amount of cash with exemptions, you are taking a big risk if you sell the car for cash rather than using it for a trade-in.

    Be certain to discuss this thoroughly with your lawyer before proceeding. He or she knows how your trustee typically handles car sales inside a 13.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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