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Case in limbo-not sure what to do

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    Case in limbo-not sure what to do

    I found out two weeks ago that the auto insurance objected to the secured value and filed an objection. My attorney said he was looking further into this because the auto company wants clean retail value against fair value. In which the auto is in fair condition. One car for a family of five. so, you can only imagine its condition. well, I don't know what happens next. any suggestions?

    thanks

    #2
    Why would the "auto insurance" company be objecting?

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      #3
      The auto company wants $13,500 which is clean slate retail value and we proposed to pay the fair retail value. A difference of about $3,500.

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        #4
        I would think the only party who could object to the value would be the trustee or the company who is in posession of the title (loan company)???

        We're in the same situation - case filed in July of 08, case still not confirmed because the credit union is fighting us on the value of the two vehicles that were lein stripping. So here we are 9 months later, still not confirmed... It's oh so much fun... The attorney should know what the next steps are.

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          #5
          Let your kids take Dads tools to the paint, and let them keep objecting, and go get an appraisal afterward. Make sure you stash some Limburger cheese under the seat about three or four days before the appraisal.

          Once you have it professionally appraised, then it will most likely be up to the judge. If your state or district relies soley on valuing them at clean retail regardless of their actual condition and appraised value, then there is nothing you can do, but that sounds far fetched.

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            #6
            Don't worry about the objection. Just have your attorney oppose the objection and then get it scheduled for a hearing. Deal with it at the hearing. Don't just take what the auto company wants. Make sure your vehicle's condition is well documented. Get pictures and also an estimate from an auto dealer to bring it to "clean retail".

            Then submit that in the hearing as evidence of the cars true value.

            The Judge will make the determination.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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