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what do i expect now?

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    what do i expect now?

    Kind of a lengthy explanation of where we've been so far - sorry in advance if it's too long!
    Filed in June, had our 341 on August 4th. Received notice from the trustee after the 341 that she felt we had undervauled my husband's motorcycle and declared it an asset (we had a dealer's estimate of value at $1400 and exempted it, she felt it would be closer to $3400). At that time she also asked for copies of our bank statements showing where our $7000 tax refund was spent. We had testified at the 341 it was to bring all our bills current, which was true. The other thing she wanted was a decision from us on what to do with the motorcycle. We could pay her the difference over the next 24 months and keep it, we could get a professional appraisal at the cost of $250 and try to disupte her valuation of it, or we could let it go knowing that we would get the first $1000 from the sale of it since it was still our expemption. We sent the bank statements and a letter telling her to take the motorcycle (we had been thinking about selling it anyways, and our attorney said we might just be able to call her bluff and she might not even take it - worst case scenario we'd get the 1k - what she really wanted was our payments for the next 2 years and might not find it worth her time and effort to actually take it, sell it, disperse, etc.).

    Okay, so notices were sent to creditors that assets had been discovered, giving them until November 10th to file a claim. I checked Pacer yesterday to see if there was anything new, and find that we've been DISCHARGED!! While that makes us very happy and relieved, we don't know what to expect now. There have been zero claims from creditors filed. No contact from the trustee about the motorcycle. What will happen next?

    Thanks for any insight......

    ohiomom

    #2
    I don't understand Pacer saying your discharged when creditors were notified of assets and have till November 10th to file a claim....?????
    Unless your case is like mine where I was discharged but my case is still open regarding my house issue.....
    I am discharged from all debts, but my house (like your motorcycle) became an asset that the creditors could file against....
    I'm sure that's whats going on here. Your dismissed, but base is still open till the Trustee decides the issue on the motorcyle...

    Let me know the outcome,

    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
      That is a curious outcome - what has your attorney said about it or have you been able to reach him? I think that would be interesting information to know.
      Good luck.
      I'll be watching, you may never know when or how, but I'll be there. I am there now....

      Comment


        #4
        Perhaps she decided not to bother with the motorcylce after all?
        Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

        Comment


          #5
          Wouldn't that be great!
          I'll be watching, you may never know when or how, but I'll be there. I am there now....

          Comment


            #6
            Often the Trustee will suggest selling an asset, to get you to pay them for it...... a scare tactic.
            More than likely she will decide it's was not worthwhile....
            But the fact is she's notified creditors that she has found "assets" and they have till November 10th to file a claim......
            So your not off the hook so to speak yet.......
            She may still demand the motorcycle be turned over to resell....
            So technically you will have to wait at least till after November 10th to see what she does with the motorcycle...

            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

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