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Notice of Fixing Time to File Proofs of Claim - 90 days

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    #1

    Notice of Fixing Time to File Proofs of Claim - 90 days

    This is what showed up on my history today on pacer. 341 was Nov. 15th...obviously, the trustee wants the 2000 4runner. My mom is a lienholder on the title from last year.

    "The trustee hereby gives notice of recovery of assets in the instant bankruptcy case. The trustee respectfully requests that the Clerk of the Bankruptcy Court set a claims bar date and vie notice of ned to file proofs of claims to all creditors and parties in interest. Filed by...."

    Does this mean the trustee wants my car? I don't have anything else? How can they get the title from my mom? If a real estate deal is legal by verbal agreement, could not the money I owe my mom be of the same nature? (hoping?)...she's an 80 year old pistol and I'm sure she won't give in easy....

    This puts me like in February for ?

    I'm getting confused now.
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go
    Tags: None
    #2
    Originally posted by AMISLANDER
    This is what showed up on my history today on pacer. 341 was Nov. 15th...obviously, the trustee wants the 2000 4runner. My mom is a lienholder on the title from last year.

    "The trustee hereby gives notice of recovery of assets in the instant bankruptcy case. The trustee respectfully requests that the Clerk of the Bankruptcy Court set a claims bar date and vie notice of ned to file proofs of claims to all creditors and parties in interest. Filed by...."

    Does this mean the trustee wants my car? I don't have anything else? How can they get the title from my mom? If a real estate deal is legal by verbal agreement, could not the money I owe my mom be of the same nature? (hoping?)...she's an 80 year old pistol and I'm sure she won't give in easy....

    This puts me like in February for ?

    I'm getting confused now.

    This is an interesting one. Your mom has a lien on the 4runner? I guess she's down as the secured creditor? Not sure how this works with relatives. If a creditor doesn't object then you should still get your discharge the normal 60 days, but the trustee is looking for the 4 runner to distribute it among creditors. The trustee may try to claim the title is unperfected as they are with Minny's home.

    Minny may best answer this one since she has the most experience with titles.

    Comment

      #3
      Will they contact my mom/what if she won't give up car?

      Originally posted by FoolAndHisMoney
      This is an interesting one. Your mom has a lien on the 4runner? I guess she's down as the secured creditor? Not sure how this works with relatives. If a creditor doesn't object then you should still get your discharge the normal 60 days, but the trustee is looking for the 4 runner to distribute it among creditors. The trustee may try to claim the title is unperfected as they are with Minny's home.

      Minny may best answer this one since she has the most experience with titles.

      My mom will not be objecting...she doesn't want the 4Runner. Does the trustee have to pay my mother for the vehicle? Can they seize the title/and or car from her? When will they want the car, if in fact they want to distribute it among creditors...and when they see that there needs to be 2 new catalytic converters, new power antenna, new tires, hose work inside the hood, replacement of rear pannel on driver side from when I backed into something at a gas pump...as well as matching dents on both sides of rear fender...plus any other damage that might occur between now and then...Do they realize the work that will have to be done just to make any money on the truck...and we're heading on 95K miles on a 2000....I'm almost happy to get rid of it, but of course, I would take it to Carmax & get cash...now, I just don't understand what my timeframe is of when they would ask for it because I can't get another car until discharge, right? What if I see a car that I want? I feel like I'm losing all the way around in trying to get right with my vehicle situation. Help!
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment

        #4
        Is your mom listed on the title as if she's a secured creditor as the lien holder? Is the title just under her name as if she owns the car? I'm a bit confused of your situation.

        This shouldn't have anything to do with her unless you transferred it to her.

        Comment

          #5
          Originally posted by FoolAndHisMoney
          Is your mom listed on the title as if she's a secured creditor as the lien holder? Is the title just under her name as if she owns the car? I'm a bit confused of your situation.

          This shouldn't have anything to do with her unless you transferred it to her.

          The title of the 2000 4runner is in my name with my mom listed as a lienholder in the lienholder spot. I don't know whether that makes her secured or unsecured?

          It has not been transfered to her.
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            Originally posted by AMISLANDER
            The title of the 2000 4runner is in my name with my mom listed as a lienholder in the lienholder spot. I don't know whether that makes her secured or unsecured?

            It has not been transfered to her.

            That should make her the secured creditor then. I guess you are paying her monthly payments as if she was a creditor. If that was the case then the trustee cannot take it. If you aren't paying her anything and the truck is paid in full then the trustee will take the non-exempt portion of it.

            Comment

              #7
              Originally posted by AMISLANDER
              The title of the 2000 4runner is in my name with my mom listed as a lienholder in the lienholder spot. I don't know whether that makes her secured or unsecured?
              Did you file it this way with the DMV or just write it in? If it's officially registered that way and you are making payments, then it should be hers/yours, but dealing w/ relatives in Bk can be tricky.

              Comment

                #8
                Originally posted by AAAArt
                Did you file it this way with the DMV or just write it in? If it's officially registered that way and you are making payments, then it should be hers/yours, but dealing w/ relatives in Bk can be tricky.
                It was officially registered with the Florida DMV...she has the title, they sent it to her back in January. I've made a few payments back in the beginning of the year, but nothing lately...broke!

                What now?
                Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                Who it was we were below, where we've been and where we go

                Comment

                  #9
                  Originally posted by AMISLANDER
                  It was officially registered with the Florida DMV...she has the title, they sent it to her back in January. I've made a few payments back in the beginning of the year, but nothing lately...broke!

                  What now?
                  Sounds to me like the vehicle should be hers/yours. Art

                  Comment

                    #10
                    Originally posted by AAAArt
                    Sounds to me like the vehicle should be hers/yours. Art

                    LOL! Unfortunately...but I bought it two years ago & paid cash...so I wouldn't have to worry about car payments. See where that got me? Today!

                    So it's basically titled to me, but she's the first lienholder. She doesn't want the SUV...I don't either. But I'm going to call my lawyer & see if he knows anything
                    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                    Who it was we were below, where we've been and where we go

                    Comment

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