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Can I sell a car in C7 to make our ends meet?

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    Can I sell a car in C7 to make our ends meet?

    We have an old Junker that I was offered 1k for. It has sat for four years, and is a fixer upper that I'm not able to do. It was "abandoned" as an asset in a Court paper abandoning certain assets as not worth selling. The value of the car to me is junk but this guy wants it as it is a 68 Chev Impala and he wants to make it run again? 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    #2
    I'm not 100% sure but our lawyer just sent us a letter listing all of the Do's and Don'ts as we await our 341, and he specifically stated not to sell/trade-in any vehicles.
    Filed Ch 7 - 07/10/08
    341 Meeting - 08/13/08
    DISCHARGED! - 10/15/08
    CLOSED - 10/20/08

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      #3
      If you get 1000 bucks for it, the $1000.00 can be counted as income on your means test. I quess it depends on how close you are on the test.
      Chapter 7 07/30/2008
      341 09/17/2008
      Discharge 11/21/2008

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        #4
        Originally posted by TEW View Post
        If you get 1000 bucks for it, the $1000.00 can be counted as income on your means test. I quess it depends on how close you are on the test.
        We are far beyond that. We are six months waiting after 341, with no news.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          If it has been abandoned by the trustee I can't see why you couldn't. My guess is that after the fees for towing, storage, advertising and just dealing with the hassle of selling it the trustee wouldn't pocket much from it for the effort.

          Just my thoughts.

          TS

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            #6
            Thread is correct, in regards to the Trustee abandoning the asset, you should be able to sell it with no problem, the funkiness is you are still involved with an Adversary Proceeding and so it is hard to accurately comment.

            Good Luck
            Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

            Comment


              #7
              Originally posted by BKParalegal View Post
              Thread is correct, in regards to the Trustee abandoning the asset, you should be able to sell it with no problem, the funkiness is you are still involved with an Adversary Proceeding and so it is hard to accurately comment.

              Good Luck
              Thank you. Sure wish I could know how to handle the AH. I shall cross that bridge on 8/19 and pro se. Got lots of law as It matters more to me than bk. 'Hub, Thanks.
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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