Trustee Hired Appraiser

[karma]

I am probably just venting a little bit, but our trustee has now hired an appraiser to go though all of our personal property. We are already giving her our car, but she must think we are hiding some valuable stuff (which we are not). We are in FL and our personal property exemption is $2000, and I know that he will come back with something like $4000, and she will want $2000 for our crap. Question. Is the guy seriously going to put a vlaue on our clothing, cds, etc? We do not own any art, jewelry, furs, etc., just everyday crap (furniture, dishes, tv, old computer, etc.). If they do come back that we owe them more money, I am ready to just tell them "come get the crap and good luck selling it". I knew this was coming though for at our 341 meeting, the last comment the trustee made with an excited look and smile on her face was "I am going to be getting some money from you."

[Help!]

Vent away... They must be hard up for money in your district. What an inappropriate thing for the trustee to say! Very unprofessional.

[BK2008]

What an a**! I would have half a mind to break the stuff before giving it to them!

'OK Smarta**, see how much you're going to get for this at a swap meet!"

[Flamingo]

Trustees are allowed to do that to anybody - usually when they suspect something. I have not heard of that occurring though in recent years so maybe with the increase in filings recently trustees are cracking down more and more if they suspect something.

[FreshLikeADaisy]

Karma, are you exempting a homestead? If not, your personal property exemption is $6000 ($1k personal property, $1k motor vehicle, plus $4k unused homestead). If you are exempting a homestead, yeah, you're right, FL exemptions suck.

I think it is highly unusual that the trustee would hire an appraiser to come to your home, but if you listed your assets honestly don't sweat it. If there are any items that you have any doubts about (as in, it might be worth more than you listed) go to Ebay and look it up, model number and all if applicable, and *average* the prices that come up, printing out the search page. You can easily use this in a pinch to argue that an appraiser has overvalued an item, because the law specifies "replacement value", not NEW replacement value. Check out this informative thread: http://www.bkforum.com/showthread.php?t=24342

I feel for you, most people never have this happen, but hang tight and roll with the punches. In the end, the trustee wants you to *buy back* your possessions from her: she doesn't want your nasty-ass ten year old cat-hair-covered couch but rather your cash. Your willingness to let it all go and say, "Come get it!" is probably your best bargaining tool.

I wish you well. Good luck!!!

P.S. If it's not too intrusive, what city/district in Florida are you filing in? Something tells me you may be filing in Tampa... correct me if I'm wrong. I'm already discharged, but others filing in Florida would love a heads up if this trustee is in their district. This is, as I said, highly unusual. Best wishes!

[karma]

Yes, I am in the Tampa area, how did you know? We have a homestead exemption, so our pp exemption is $2000. I will do the ebay thing. It will help me get an idea if I was off on anything.

[FreshLikeADaisy]

Unfortunately, I had heard stories about a female trustee in the Tampa area who is, shall we say, overwhelmingly motivated to recover non-existent assets. You might want to search for posts made by "DivorceRuinedMe" regarding her engagement ring... Fortunately, this trustee is bound by the same bk law as all trustees, and when the appraisal comes back lower than she thought, and/or you say come get it, she'll most likely drop the bone. If not, you can definitely present an alternative valuation of anything you care about and have it considered.

I hope this is a tempest in a teapot for you and that she drops this soon. Good luck!!!

[PoorGrammyinBK7]

Who is the trustee - just initials?

[FreshLikeADaisy]

Eh, Karma and Granny, you may want to keep that to PM. If I were your trustee, and I were lurking on this board, I wouldn't want to see my name OR my initials...

[karma]

Sent PM

[southernbelle]

Just hold your ground. I had a last minute appraisal done on my house on day 63 while waiting for my discharge and I was in the same frame of mind too. If it was determined that my house (with all of its needed repairs) was worth more than I knew it was, they could come and get it. It didn't feel like my Trustee was being an evil - ahem - witch like yours seems to be, but more along the lines of being extremely thorough.

At my 341 my trustee was joking around and was extremely pleasant overall. Given the circumstances, she didn't seem to want to make people any more nervous than they already were.

The comment made by your trustee was VERY unprofessional and if I were you, I would prepare by getting some estimates off of ebay or some other source and print it out so that you can have a basis to challenge any outrageous decision made by this so called appraiser. Also, do what I did and print out color pictures of the appraiser pointing out defects in anything he/she might think has value. That way when determining the value of your assets, they can refer back to those defects and you'll get more of a fair deal.

Better to be safe than sorry and I agree with you when you say, worst case scenario, tell them to come and get it. They want your money, not your stuff, so you can always use that attitude as a bargining chip. Good luck to you, I know exactly how you feel.

[BK2008]

Also, do what I did and print out color pictures of the appraiser pointing out defects in anything he/she might think has value.

Ewww...what if he/she isn't that good looking??
What will the spouses say if you leave pictures laying around the house.....

[FreshLikeADaisy]

That's funny!

P.S. Southernbelle, many congrats on your discharge!!! I read about it but had no time to respond -- I truly wish you every blessing and success in your post-bk life!!!

[southernbelle]

I've been working since 6:00 am and I need a serious nap.

If he's cute, then by all means snap away, but make sure to hide the pictures.

I meant....

"Also, do what I did and print out color pictures of the items in question, pointing out defects in anything he/she might think has value."

I think it's time to go home.

[southernbelle]

Thanks Fresh. You've been a lifesaver. Thanks for your patience and all of your helpful responses. Like I said before, you really should be a Moderator.