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used car purchase and meeting with trustee

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    used car purchase and meeting with trustee

    I need some advice, I met with the trustee last Friday, he asked me the same questions he asked me on the phone a week earlier, and nothing had changed. None of my creditors showed up, but my new husband was nervous that they would and would take the car so he found a used car the night before my meeting with the Trustee. He didn't have any insurance for the car yet and they had me sign everything... To make a long story short, I now have a car that my husband paid cash for ($1,100) with his own money but the title is in my name. I didn't even think about it when I was in with the Trustee so I didn't mention it. But now I"m losing sleep thinking that the Trustee may find out that I have a title in my name and will charge me with purjury. I don't know what to do. The car is my husband's car, he is getting it registered in his name and I asked the guy selling it to us several times if we should put my husband's name on it and he kept telling me that we could do that later - he was in a hurry to get home since it was late in the evening so he didn't seem to want to be bothered by us, other than getting our money. What will happen and what should I do? I am so upset about this I can't sleep. I'm not trying to defraud anyone but I don't think the trustee will see it that way...

    #2

    Are you saying you paid cash for a car for your husband the nite before your 341 meeting? And you didn't mention it in the meeting the next day?? Also when the trustee called back and asked if any changes since meeting you said "no"?
    In your 341 meeting I'm sure the Trustee asked "if you had purchased anything since you filed, or received any unknown income since you filed?"
    Well, I would say the car is now an asset of yours, if the trustee wants it to resell. Though value of it is quite small, if its a second car, he can sell it.
    Your right about the title in you name - more than likely Trustee has already discovered it and that's why he called!
    Best you call your attorney and let him know, and if you filed yourself, contact the trustee and "clean this mess up" before it BACKFIRES on you and your case is dimissed.
    Maybe HHM or TODD can offer you some insight on this....
    Your not deliberately trying to hide anything - you just forgot to mention it....

    Keep us posted,

    Minny
    Minny

    "It's amazing the paths that our feet sometimes follow in life".

    My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

    Comment


      #3
      No, the trustee didn't call back, he had called earlier that week and then I had my meeting. My husband found the car and paid cash for it. But since the insurance was in my name, they had me sign for the car. I am sick about this.....I called the guy at the dealership, he said we can redo the paperwork. My husband had already paid for the car and took me back to look at it. That's when they had me sign everything and produce the insurance card. Since my husband's name wasn't on it, they had me sign for the car.

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        #4
        I totally agree with Minny...advise your attorney(if you have one) or the trustee asap. We know your intentions are honorable. I have learned if you tell them before they find out on their own they are a lot less suspicious of your motives. The bottom line is you dont buy anything like that right before or right after your 341 because big brother is watching! Let us know.

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          #5
          Is your husband also on your BK or not?

          If not, generally, things your recieve after the BK is filed is beyond the scope of your BK, therefore you need not inform the trustee.

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            #6
            No my husband is not in my BK. We got married right before I filed. The car is his, he's getting it registered in his name, he's transferring his tags to the car, everything.... He needed a car and found this cheap one he liked. He just wasn't listed on my insurance yet and he wanted to buy it right then and there. The sales guy kept telling me we could change it over later, but I hadn't even thought about the meeting the next day. And the car wasn't even on my mind at the meeting with the creditors since it's not mine. I'm so mad at my husband for rushing into this stupid car. He just had to do it the night before my meeting, he couldn't have waited until I got him listed on my insurance!!! Anyway, even if they did take the car, I don't have anything of value they could even consider taking. I literally have nothing, we don't even have a real place to live.... The sales guy admitted he made a mistake and could redo the paperwork. I just don't know if I should tell the trustee now or just wait to see what happens. Do you think it's best to tell him now and let him know the circumstances of the car purchase?

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              #7
              I'm inclined to agree with HHM

              I was told anything that happened after filing BK was not included and had no bearing on my case.

              Though if I did win the lotto - the trustee might try to go after it! lol Especially if I hadn't been discharged yet...
              Minny

              "It's amazing the paths that our feet sometimes follow in life".

              My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

              Comment


                #8
                Good news, the sales guy cancelled the paperwork. My husband has to take the car back for a minor repair and pay the rest of what he owes next week so they will have him fill out the paperwork - which is what should have been done in the first place!

                I was wondering how my husband was going to register the car and get his tag transferred to a car that wasn't in his name anyway, so it just makes sense that he fill out the paperwork....

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                  #9
                  See - it's all okay.......
                  Calm down girl, bankruptcy is nervewrecking but not "fatal"....
                  It will be OKAY - and you will have a new start.

                  Minny
                  Minny

                  "It's amazing the paths that our feet sometimes follow in life".

                  My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

                  Comment

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