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Will the trustee take a new car after BK if paid off?

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    #16
    Originally posted by debtmonster View Post
    Why can't they put examples in code like that so it makes sense. The wording they always use in legal documents is never in layman's terms. Why?!?!
    DM, no, they will not take your car. How much clearer can it be?

    After closing, the trustee can only go after the three items listed in the code.

    If, as in the example of the pre discharge purchase of the lottery ticket, you purchase the car before discharge, the trustee can take it. Otherwise, only those 3 items can warrant the re-opening of the case.

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      #17
      and we're not even throwing in all the people who come on here and say "I was discharged last year, why can they take my 10,000 tax return NOW." WTF is that about?

      Basically any stroke of luck or financial break you get, they suck you dry!!? <<<cat is really annoyed with this whole mess right now>>>>
      Read the Blog: My Personal Experience With Bankruptcy

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        #18
        How would they know? I am just curious if you have a family member pass away and leave you a large lump some of money or whatever, do you have to send bank statements monthly? Report to someone or do they go into your bank accounts? Also is the 180 days from date of filing or from date of discharge, closing? I am only asking out of curiousity, everone I know is in the same boat we are so I def won't be getting any inheritance of any kind.

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          #19
          I'm not going to be winning any lottery or getting any inheritance. I just don't want them to take my car if I manage to get one that is of any decent value and is paid off in full within 6 months of the BK as this would be considered an asset of property.

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            #20
            Originally posted by broken64 View Post
            How would they know? I am just curious if you have a family member pass away and leave you a large lump some of money or whatever, do you have to send bank statements monthly? Report to someone or do they go into your bank accounts? Also is the 180 days from date of filing or from date of discharge, closing? I am only asking out of curiousity, everone I know is in the same boat we are so I def won't be getting any inheritance of any kind.

            It's 180 days from filing date. No, you don't have to send monthly bank statements.
            How they find out-you probate a will it's a public record. Or, a disgruntled spouse or acquaintance rats you out.

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              #21
              Originally posted by keepmine View Post
              It's 180 days from filing date. No, you don't have to send monthly bank statements.
              How they find out-you probate a will it's a public record. Or, a disgruntled spouse or acquaintance rats you out.
              Cool. Don't have any probate to deal with. I'm tapped out and do not expect to run in any real money any time soon.

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                #22
                Originally posted by CatsInTrouble View Post
                and we're not even throwing in all the people who come on here and say "I was discharged last year, why can they take my 10,000 tax return NOW." WTF is that about?

                Basically any stroke of luck or financial break you get, they suck you dry!!? <<<cat is really annoyed with this whole mess right now>>>>
                Because, the trustee asks if you are getting a refund and will keep your case discharged, but still open until your refund is turned over.

                They can only take the one year's refund AKA, money earned and "saved" pre discharge and unless it is exempted, it is the property of the BK estate. I don't understand why people do not realize that the refund is a savings account with no interest paid and the money was earned pre filing or pre discharge. You have to exempt it as cash, if not, it is the property of the BK estate.

                PS I got a huuuuuuuge financial break, I discharged all of my debt! Who exactly is sucking you dry?

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