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Question regarding selling vehicle a few months before filing

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    Question regarding selling vehicle a few months before filing

    Our last significant asset that we haven't already sold is my wifes truck that has very low miles and is only about 3 years old. Kelly Blue Book for private party sale has it valued at about $18,000. With the vehicle exemption being $15,000 we're concerned that, once we file, the trustee will simply take it and we'll be left w/ only my POS, 10 year old car that I use for commuting.

    Our thought was that we could just sell it, buy a less expensive car, and hold onto the remaining cash so that we also have some buffer as we're going cash only as of 9/1. We plan on filing Ch. 7 around the beginning of Dec., so in that time frame, does anyone have a sense of how a trustee will look at us selling a vehicle that's over the exemption, 3 months before filing BK?

    Obviously, part of the reason is b/c we don't want the trustee to just take it, but it does also make good sense as we'll no longer have credit to fall back on for emergency as all our cash will now go to expenses, attorney, and saving for first/last rent and deposit as we'll be walking away from the house and renting after BK as well.

    Has anyone ever done this and been OK? Thanks for the input.

    #2
    If you have a cushion of money it is more likely the trustee will seize that than the vehicle. If the exemption is 15k and you have 18k equity in the car he'll require you to pay 3k the difference. If you could prove it needs repairs etc then it is possible that this amount could be lowered.

    Your idea of an emergency fund is a good one, however prior to filing you really can't get a significant emergency fund as it would then become part of the bankruptcy estate.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      I heard someone say on a different forum that they took $20-$40each week and essentially put it under his mattress for several months before filing to create such a fund. He said on filing date he had more than $2k in cash.

      Now I know this is unethical and bk fraud to conceal assets and I would never encourage such a thing, but just wanted to share what I have heard. That is a very risky thing to even consider, so be careful if anyone suggests anything similar.
      Filed Business Chapter 7: 7/11/07
      341 Meeting: 8/8/07 Asset Case
      US Trustee reviewed case/resolved 9/14/07
      Discharged: 10/11/07 Closed: 11/2/08

      Comment

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