Assets can we have a garage sale or use craigs list?

[momisery]

We are going to sell clothing and junk around the house this month before filing. I think that is okay since we probably will not net even 100.00 and use it for groceries. But we have a canoe, exercise machine, and two bikes. Nothing is valuable, and the bikes are 5 years old and were pretty cheap when we bought them. The exercise machine we bought used private party and the canoe is over a year old and a cheap one. Can we well these items. And our guns, a couple rifles and pistols that were used for single action shooting they are from this year and we did use the CC on them. We considered selling them to pay the attorney. Can we do that? If we sell the guns and they are more than what we need what do we do with the excess, do we offer that to the attorney to hold for us?
If we do not pay bills it would be hard to claim we needed the money to buy stuff wouldn't it? So the extra cash you have from not paying bills, do they take it from you? We will need cash to rent and a deposit if they take that what would we do? And last question.. promise... We are current on our house but considering just letting it go to as it is worth less than we owe. Can we stay there until the BK is done? Or do they kick you out? I live in MO.

[AngelinaCatHub]

Greetings again, Momisery:

Your yard sale will not make you rich. The Trustee would care less about hundreds of dollars. Thousands he does look at. Your use of the money is worthy and forgiven as it is not a luxury item. You are allowed to keep a bit of cash (see your state's limitation) or you can invest it in store-able food for later. I would not worry about those kinds of things. Not a big deal. 'Hub

[Flamingo]

Be careful as to the guns. I would consult with the attorney you plan to retain about selling them and using the money to pay him/her before you do anything with an asset that may be worth several hundred dollars and need documentation of sale (i.e., firearm, vehicle, etc.).

[justplaintired]

I also think that if you use the money to pay your attorney that would be ok. Ask your attorney that.

We used our tax return to pay our attorney, which was fine, seems a garage sale would also be acceptable. Just make sure you use it for that. Attorney fees are so high now, and so many can't file because they can't afford the attorney seems a garage sale or selling "junk" to file should be fair. Just make sure you ask your attorney first.

I totally agree with Flamingo however, if we are talking cars, boats, things with titles, be very careful. Firearms that are registered also could be a problem, I am talking "junk", untitled things, nothing that could be traced with a title or transfer of ownership.

Good luck!

[momisery]

The guns would be worth probably around 300-350 each we think. They are all single action ... IE two lever action riffles and a couple of 45 uberti guns. They were used for reenactment shootings of the old west, and they are real. So the hand guns are about the same value too. One rifle could be 400 but we doubt it. So the sale would maybe net 600 on the pistols and the rifles would be about 725.00 so that is over a thousand total, but not each??? We will ask the attorney. Geesh.. this is horrible. I just pulled hubby's credit report and before we were married he did file a BK over medical debt with his first wife. That was in 1997, but it still appears on his bureau... I thought 10 years was it.. hmmm think again.. I just can not deal with this junk anymore today.. Fed up for sure. It is not our fault his job is gone and there are no one jobs out there... But we are stuck sucking up to the very people who ruined the economy and letting them ruin our credit to not be forced into wage garnishments and living in a tent.. geesh.

[Scooter10]

The guns would be worth probably around 300-350 each we think. They are all single action ... IE two lever action riffles and a couple of 45 uberti guns. They were used for reenactment shootings of the old west, and they are real. So the hand guns are about the same value too. One rifle could be 400 but we doubt it. So the sale would maybe net 600 on the pistols and the rifles would be about 725.00 so that is over a thousand total, but not each??? We will ask the attorney. Geesh.. this is horrible. I just pulled hubby's credit report and before we were married he did file a BK over medical debt with his first wife. That was in 1997, but it still appears on his bureau... I thought 10 years was it.. hmmm think again.. I just can not deal with this junk anymore today.. Fed up for sure. It is not our fault his job is gone and there are no one jobs out there... But we are stuck sucking up to the very people who ruined the economy and letting them ruin our credit to not be forced into wage garnishments and living in a tent.. geesh.

You can just list them on the petition and see what happens. Remember it is street value. If you walked into a pawn shop what would they give you? I listed my beretta 92fs, 870 express shotgon, and rugar mini 14 at $100 each on petition, trustee did not say anything nad i had not wildcards or reguilar excpetion money left. I think you might be overvaluing your assets. For B/K it is garage sale value. What would ou get if you had to sell it....

[AngelinaCatHub]

Momisery: My opinion, get what you can and make sure you get an ID with serial number of the guns. I am sure in disagreement with the gun stuff as they have a stigma unfortunately, but they are only tools to be used in the right way. Govmint thinks otherwise for the same reason your hub is now unemployed. Get the money, use it wisely and keep receipts. They are only things like you would sell as a washer/dryer at a yard sale. Sell all you can and pay your expenses and you will be fine. 'Hub

[Bell30656]

Also keep in mind that if these firearms are registered to you, you want to be able to clearly show how you disposed of them just in case on of them is later featured on CSI as the murder weapon.

Nothing would suck more than a new pile of lawyer bills to pay, plus bondsman, etc.

[Flamingo]

If your husband filed BK in 1997, he needs to dispute that information that is still showingon all his credit reports because that is going to be a landmine if he doesn't get that off of there and has two BK's showing after you both file this time. If it was a Chapter 7, it should have come off in 2007 and he should have ensured it was taken off at that time.

[momisery]

I read the credit report wrong, I just saw the lates. We are late on a rental home in GA, long story. There is a summary that we got from the gov. link provided by an attorney that hubby meet with to discuss a bk.
As for the guns, let me look around a bit and see what they are worth at garage sale prices. I do not see them moving very fast when they are used for action shooting, and they are not hunting weapons. But we do have a few that is for sure. So they may want them all to sell. A shotgun, 2 riffles, 3 pistols....and too other blackpowder guns that are cheapies but fairly new. I hate this stuff so much.. Thanks for everyones imput.