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At what time in the process does the trustee actually take your assets?

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    At what time in the process does the trustee actually take your assets?

    I was wondering about this. There is a chance that I will not be able to come to an agreement with my trustee about my home (although my BK lawyer says that a home that is bought for $50K would suffice for a $35K exemption, and kicking in an extra $2K post BK should be no problem.) I was wondering when exactly the debtor would need to sign over a home or car - or when the moving company would come over to get the stuff. Would it be immediately before or after the discharge or a set time after the 341 meeting?

    #2
    Listen to your attorney. That is why you hired him.
    Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

    Comment


      #3
      There usually is a Motion to liquidate and you are requested to come and bring a list of numbered items with serial numbers or identification if you list them. I am not sure they come at all but you sign it over to the Court and surrender that stuff. I really have not heard of this happening, and I was $5400 over my exemptions. Within the Trustees letter, he offered a compromise if I wished to purchase my estate back. 12 months, no interest and equal payments. When I agreed, the hearing was quashed with some document of a notice of compromise, and I paid it. Of course it took me a year but with other things, our case hung open for almost two and we are not closed yet, almost 15 months after discharge.

      I assume you are an asset case and how much over are you? '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.

      Comment


        #4
        Originally posted by OhioFiler View Post
        Listen to your attorney. That is why you hired him.
        Nice response OhioFiler. /sarcasm off/ If I follow your logic people shouldn't ask questions in this forum once they hire an attorney?

        I have an attorney but still find value in other peoples experience. Sometimes others can offer a perspective you won't get from an attorney. The OP is looking for some information that others here might be able to provide, why does that bother you?
        Case Closed > 2/08/2010

        Comment


          #5
          Originally posted by BobMango View Post
          Nice response OhioFiler. /sarcasm off/ If I follow your logic people shouldn't ask questions in this forum once they hire an attorney?

          I have an attorney but still find value in other peoples experience. Sometimes others can offer a perspective you won't get from an attorney. The OP is looking for some information that others here might be able to provide, why does that bother you?
          First off Bob where did you read I was bothered by anything in this thread?

          Secondly, my advice for swampwiz was intended SPECIFICALLY for swampwiz.

          So my question for you is why are you bothered by my response to swampwiz when it has absolutely nothing to do with you? I have no interest nor concern whether you follow my logic nor what "others" are looking for here. I was directly responding to swampwiz based on previous discussions of his case that I've participated in. No more, no less. I'll take your suggestions under advisement.
          Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

          Comment


            #6
            Originally posted by OhioFiler View Post
            First off Bob where did you read I was bothered by anything in this thread?

            Secondly, my advice for swampwiz was intended SPECIFICALLY for swampwiz.

            So my question for you is why are you bothered by my response to swampwiz when it has absolutely nothing to do with you? I have no interest nor concern whether you follow my logic nor what "others" are looking for here. I was directly responding to swampwiz based on previous discussions of his case that I've participated in. No more, no less. I'll take your suggestions under advisement.
            OhioFiler, in response to your first question, when you don't answer a question and instead tell someone to talk to their attorney, it seems you don't think they should be asking the question here. That's why I thought it bothered you.

            I accept that your answer was to Swampwiz since you say so, but how am I supposed to suss this out based on your response? It was posted in a public forum and was not labeled as applying only to Swampwiz.

            In regards to your last question, I was bothered by your response because I thought someone was asking a legitimate question that others might be inclined to answer, and your answer seemed to be telling them not to ask it since they had an attorney.

            Now, since you inform me that you're having a private conversation with Swampwiz in a public forum and it has nothing to do with me, I'll butt out.
            Case Closed > 2/08/2010

            Comment


              #7
              Originally posted by BobMango View Post
              OhioFiler, in response to your first question, when you don't answer a question and instead tell someone to talk to their attorney, it seems you don't think they should be asking the question here. That's why I thought it bothered you.

              I accept that your answer was to Swampwiz since you say so, but how am I supposed to suss this out based on your response? It was posted in a public forum and was not labeled as applying only to Swampwiz.

              In regards to your last question, I was bothered by your response because I thought someone was asking a legitimate question that others might be inclined to answer, and your answer seemed to be telling them not to ask it since they had an attorney.

              Now, since you inform me that you're having a private conversation with Swampwiz in a public forum and it has nothing to do with me, I'll butt out.
              Swampwiz is lucky that it got a response from anyone....

              Ohiofiler gave excellent advice.
              All information contained in this post is for informational and amusement purposes only.
              Bankruptcy is a process, not an event.......

              Comment


                #8
                Originally posted by BobMango View Post
                OhioFiler, in response to your first question, when you don't answer a question and instead tell someone to talk to their attorney, it seems you don't think they should be asking the question here. That's why I thought it bothered you.

                I accept that your answer was to Swampwiz since you say so, but how am I supposed to suss this out based on your response? It was posted in a public forum and was not labeled as applying only to Swampwiz.

                In regards to your last question, I was bothered by your response because I thought someone was asking a legitimate question that others might be inclined to answer, and your answer seemed to be telling them not to ask it since they had an attorney.

                Now, since you inform me that you're having a private conversation with Swampwiz in a public forum and it has nothing to do with me, I'll butt out.
                It was a public conversation on a public forum. It may have everything to do with you. If you are in the same situation as swampwiz and have the same concerns I would have advised you exactly the same way.

                I would never suggest someone not ask a question on here. My advice for swampwiz and anyone else in his exact situation remains the same.

                Listen to your attorney. That is why you hired him.
                Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

                Comment

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