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Trustee trying totally screw me

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    Trustee trying totally screw me

    Here's my situation my girlfriend of 7 years recently filed a Ch. 7 September of 08. In March of 08 I borrowed 27k from my boss to buy a Toyota Prius. I can demonstrate the money coming from his account being issued in the form of a cashiers check and going directly to the Toyota dealer for payment of the car. There is nothing fraudulent about the exchange I am beiing 100% honest about what took place. Because at the time my Driver's License in the State of Illinois was suspended I was forced to place title in my girlfriend's name. My boss knowing and trusting me very well took his time filing his lien position on the vehicle and my girlfriend consulted an attorney, advised him of the situation, and he told her it wouldn't be a problem and filed her BK. Now the Trustee is attempting to call the lien unperfected and is attempting to take ownership of the vehicle. I will still be responsible for the 27k debt or have to file a BK myself and lose my job. The trustee has offered a 15k settlement but we do not have 15k. My boss has advised me he will borrow me an additional 10k that I have offered in payment of her debt but the trustee has refused to accept. He also advise he will object to any attempt to dismiss the BK or flip to a CH 13. Her attorney is offering no advise or relief other than surrender to the trustee's every whim. Do I or my boss have any recourse to protect our interest?

    #2
    Not much recourse here, you have set yourself up with an "asset" for the Trustee to take.....

    Same thing happened to me about the "lien", except it was on my house.

    Trustee seized and sold my home..... I took a terrible loss and then had to buy my home back from the buyer in order to keep it.......

    A lawyer that DIDN'T protect my interests, a Trustee that was money hungery, and a Judge that could have cared less......

    Yes you will probaby loose the auto or have to buy it back to keep it. Its like paying for it twice..... pay for the loan, pay the Trustee too.....

    It's a cruel world sometimes in bankruptcy, and you hire a lawyer to help protect you and still get "screwed"........

    Not an easy street to walk down.............. especially if its unexpected!!!! And your told your home or auto is safe.....

    Sorry to hear this is happening to you. Do you have any recourse, not much I'm afraid..... I sure didn't have any..........
    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.

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      #3
      Originally posted by shanesenyard View Post
      Do I or my boss have any recourse to protect our interest?
      You have no recourse. This vehicle is titled in her name, so, legally, it's hers.

      Remember, Bankruptcy is a technical procedure at its best. Almost everything is based on facts at the time the petition was filed.

      Some people don't realize, but it's not that easy to get a Chapter 7 dismissed. Once you play that card, you have to play the whole hand. She may want to convert to a Chapter 13, but I don't see how the Trustee can object to that. She may still want to try to get the Chapter 7 dismissed, but it will be difficult indeed.

      Sorry to hear about your mess.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

      Comment


        #4
        Lousy situation

        Man I would have never even remotely considered borrowing that kind of cash from My Boss. That sounds like trouble enough right there. The fact it was put in her name was a BIG mistake. Cant believe Your Boss went along with that. He must of really trusted you.
        BTW anything I say here is just me yapping based on my experience. Your milage may vary.

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