hello can i sell a motorcycle that is not listed on my chapter 13. i was paid for when i filed.
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So you had an asset but didn't list it as an asset on your Ch 13 forms? Our lawyer told us that whether an asset is paid for or not doesn't matter. Your lawyer let that go by?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 -
Leaving an asset off the list would most likely be considered "bad faith" and could get your case dismissed...
ChrisComment
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the attorney knew about it it was just not listed as anything that we were paying on. i am 36 months into a 60 month plan anymore advice???Comment
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In a Ch 13, your assets are under the control of the Trustee the entire time you're in the plan. If you wanna sell the motorcycle, you're gonna have to get approval from the Trustee prior to sale. AND the Trustee is gonna take all proceeds from the sale to distribute to your Creditors.
Basically think of it as your estate is not really yours while you're in Ch 13. You can't just get rid of property/assets without getting permission from the Trustee first.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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Heres what I would do (even though its not the right thing). Being its already been 36 of 60 months, I would just stay quiet, don't sell. Then do what you want once your case is discharged.Comment
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