Today is my last day for objections

[AMISLANDER]

I filed 10/05/05.

Case has been turned from "no asset" to "asset" due to 2000 4Runner. 4Runner has lien on title from parent.

I have a Proof of Claims deadline of 2/27/06...this is due to the ownership of the vehicle in FL.

What now? I have not been contacted by an appraiser yet in regards to the possbile surrender of the SUV...maybe this won't even happen?

THoughts???

[bkfiler]

what did the trustee tell you about it? or your attorney?

if the suv cant be exempt then i guess its up for the taking. but you said your parents own it?

im not sure if the proof of claim is just a formality to see if anyone wants to bother with it. if the trustee didnt say anything i wonder if he doesnt want it becuase your parents aready own too much of it?

what can you tell us?

[Minnymouth]

I think I asked you before if your parents "lien" is actually showing on the title as a lien??? If not, you have a clear title for the taking.......

You said you have a "proof of claims" dealine in Feb.....
If your folks have a lien on this vehicle, then they need to provde proof that they do by Feb 27th or their interest could be dissolved by the court.

Did your folks get a loan for you and the auto was used as collateral?

Tell us more.....

[AMISLANDER]

I think I asked you before if your parents "lien" is actually showing on the title as a lien??? If not, you have a clear title for the taking.......

You said you have a "proof of claims" dealine in Feb.....
If your folks have a lien on this vehicle, then they need to provde proof that they do by Feb 27th or their interest could be dissolved by the court.

Did your folks get a loan for you and the auto was used as collateral?

Tell us more.....

Yes, Minny, the lien is actually on the title...Trustee was given copy of title at the 341 in November.

I needed to borrow some cash to pay for rent/expenses and so my mom asked to be put on the title back in October of 2004. If the trustee already has a copy of the title, what more do they need?

[bkfiler]

im guessing they need to do a formal request to the court to say they own interest in the vehicle. i didnt do one or have this problem so im not sure.

[AMISLANDER]

what did the trustee tell you about it? or your attorney?

if the suv cant be exempt then i guess its up for the taking. but you said your parents own it?

im not sure if the proof of claim is just a formality to see if anyone wants to bother with it. if the trustee didnt say anything i wonder if he doesnt want it becuase your parents aready own too much of it?

what can you tell us?

In FL, only $1K of any vehicle can be exempt. The trustee wanted to know I had a signed piece of paper on the lien debt to my mother (I don't, it was verbal), but I did give him a copy of the title with the lien recorded on it. My mother has received a proof of claims form in re: 2/27 date...should she file on it?

My case went from "no asset" to asset once he found out I owned the vehicle.

It does need about $4,500 worth of repair work at this time & has 95K miles on it at the present. Need 4 new tires, new power atenna, new rear bumper, new left rear panel where I baked into a cement pole, 2 catalytic converters, possible brake job...check engine light's been on for over a year...

[bkfiler]

i dont know but i get teh feeling that she has to do something to retain interest in it. thats why she was sent the form. better find out what to do and soon.

[AMISLANDER]

So if the deadline for proof of claims is 2/27...

i dont know but i get teh feeling that she has to do something to retain interest in it. thats why she was sent the form. better find out what to do and soon.

...and she files on it...then she'll get first crack before the trustee at getting $ back on the vehicle?

I guess I'll have to call my attorney...

[bkfiler]

let us know what the attorney says.

[AMISLANDER]

As usual...

let us know what the attorney says.

...he's in court today. But I left a detailed message in re: to above.
I actually think my lawyer's an ok guy....but I've gotten faster thoughts from everyone on this site who's been through it already.

[bkfiler]

I actually think my lawyer's an ok guy....

thats not how it works. attorneys need beatings everyday. no excuses. once they have performed their duty then the beatings can stop. that is their reward. until then dont let them fool you

[Minnymouth]

Be sure your mom files that "claim paper" on the title before the due date with the court.

[AMISLANDER]

filing the proof of claim

Be sure your mom files that "claim paper" on the title before the due date with the court.

So she does need to do this...will this hurt me as far as losing the SUV...she doesn't want me to lose my 4Runner...

[bkfiler]

i think that you have to do it no matter what or the trustee will take the suv. if you are filing a chap 7 no asset except the one someone else owns id imagine it stays with them.

i wonder what the trustee does, take the suv, split it up and give each a part? or does the lien holder get to keep it. never thought about that.

[AMISLANDER]

i think that you have to do it no matter what or the trustee will take the suv. if you are filing a chap 7 no asset except the one someone else owns id imagine it stays with them.

i wonder what the trustee does, take the suv, split it up and give each a part? or does the lien holder get to keep it. never thought about that.

Just called my lawyer but he's not in yet...Florida time...