Trustee interested in some of our assets - still waiting for call from auctioneer...

[justbroke]

I really don't have the cash to pay again for a car I already paid for. Trustee says I am 3,400 above my alotted exeptions. Question I am insisting I get something in writing, this is important to me. has anyone heard of not getting any notification from the trustee's office? And can I buy some time. My car is 10 yrs old for God sake and useful to only me. They made me get a Car Max appraisal, they have the means to make the repairs at cost. I view this a conflict of interest. Repairs, rush were not noted.

The confirmation is your actual Schedules. They should easily show that you are over your exemptions and that you need to surrender the property. The only things that surprises me is that your attorney either didn't explain the part about being over the exemptions, or you didn't understand this. Additionally, I'm only guessing, but did you get the entire $4,000 wildcard (unused homestead exemption) plus the $1,000 constitutional wildcard and the $1,000 auto exemption? Whenever you own a car 'free and clear" in Florida, you have issues. (Well, even if it's not free and clear, significant equity can become problematic.)

What can I do, can I buy anytime. My lawyer won't talk to me but has the paralegal call me instead. I had the 341 meeting 9/15 on 10/10/11 the lawyer said the got an email from the trustee that he wanted my car or the cash.

If it has been that long, you REALLY need to deal with this! The Trustee can have your case dismissed or have your discharge revoked. You need to do as instructed. You will get an "accounting" of the Trustees actions by the Report that they file... known as the Final Report. The Trustee may have already filed a Preliminary Report based on what asset values they will take for the estate. This is an asset case and you REALLY want to do this right. Never get on the bad side of the Trustee!

Today 12/2/11 paralegal calls and asked if I made a payment yet. Never got any info about where to send it, anything written nada, nothing. So she gave me the trustee's address. Don't even know who to make the check out to and really don't even want to ask since I am hoping to buy some more time. I was told to send it to the attention of the trustee but after I hung up I realized check payable to who? I was so bummed out at the way this is being handled I decided to wait on calling the paralegal again. Not real interested in pushing this ahead.

Payable to "Chapter 7 Trustee" is usually fine. You should already know your Trustee's name since it is on most of the paperwork from the court (not your petition, but the paperwork such as the Notice of Bankruptcy). Otherwise, make it payable to the actual Trustee.

Please don't play around with this! If your attorney thought you had a leg to stand on, then they would have challenged the exemption but it appears that you are over the exemption. I'm guessing that you paid off the car and have a LOT of equity in the car. This is just a fact of Chapter 7s. You don't get to keep "everything". You should, however, get your "exemption" amount back. So if you actually exempted $1,000 of the equity, you'd get $1,000 back after the sale.

[webworks227]

Hi, I really need some advice. I have a 2003 car due to low milage the trustee decided last minute after the 341 meeting that he wanted my car or the cash for it. I live in florida. My lawyer will lets say I thought they were better. They seem to have attitude now. I asked for something in writing and the paralegal says trustee's don't do that. All I have is my lawyers say so that the trustee decided to take my car or the cash.

I really don't have the cash to pay again for a car I already paid for. Trustee says I am 3,400 above my alotted exeptions. Question I am insisting I get something in writing, this is important to me. has anyone heard of not getting any notification from the trustee's office? And can I buy some time. My car is 10 yrs old for God sake and useful to only me. They made me get a Car Max appraisal, they have the means to make the repairs at cost. I view this a conflict of interest. Repairs, rush were not noted.

What can I do, can I buy anytime. My lawyer won't talk to me but has the paralegal call me instead. I had the 341 meeting 9/15 on 10/10/11 the lawyer said the got an email from the trustee that he wanted my car or the cash.

Today 12/2/11 paralegal calls and asked if I made a payment yet. Never got any info about where to send it, anything written nada, nothing. So she gave me the trustee's address. Don't even know who to make the check out to and really don't even want to ask since I am hoping to buy some more time. I was told to send it to the attention of the trustee but after I hung up I realized check payable to who? I was so bummed out at the way this is being handled I decided to wait on calling the paralegal again. Not real interested in pushing this ahead.

I received discharge 11/18. Any advice would be appreciated.

Thanks

[Fallonedward]

We used federal exemptions as well and that was a lifesaver our 341 went great and then 60 days later we were discharged. I'm so glad we did this back in 2010 prior to the median income changing. Not sure if we would have qualified today with hubby having this temp job and me having a job once again.

yes FL can be tough, we got to use federal exemption luckley bacause we came from MI and we were able to use MI as the state of residence and MI gave you a choice MI or FL. Fl does not give you a choice

[girlgator95]

UPDATE:

Well, here's an update on our case. The TT decided to take our camper and sell it at auction. They did not ask for the camera or firearms. They were just making sure we didn't undervalue them on our paperwork. They are putting our camper up for Auction on 12/3. Because we have $5,000+ exempted on the camper, they will have to pay us that amount when it sells. We don't think it will sell for too much more than that (maybe $10K max). Just wondering if anyone knows how long this will cause our case to continue. I know if won't be officially closed until all the monies are distributed, etc. This isn't really causing us any problems, other than my husband may potentially need to get another vehicle. He drives an old suburban with lots of miles and knows it needs a lot of work in the near future. Has anyone else had experience with this? Just wondering what our options are if the case takes an extended period of time to close.

[girlgator95]

Well, I met with auctioneer. He was really just looking to see what type of camera/guns we had to see if they were worth significantly more than we stated. I guess they've been burned in the past. Auction guy said someone listed $25 for cameras that were actually worth $30,000. As for our camper, almost $6,000 of its value exempt so he wasn't sure if they would take it or not. Still waiting to hear what trustee decides about that.

[pathfinders]

yes FL can be tough, we got to use federal exemption luckley bacause we came from MI and we were able to use MI as the state of residence and MI gave you a choice MI or FL. Fl does not give you a choice

[Diesel73L]

You won't have to worry about the camera here in NJ.
What FL has that we don't is amazing home equity exemption. So the tt's are looking elsewhere for their money, and there have been a couple of stories about the middle district's rather invasive tactics to get it.

LOL...I never thought I'd be so happy that our stuff and our house (no equity) is worth very little...

[keepsmiling]

Sorry to hear that you're going through this. Are federal exemptions not available in Florida? They are here in NJ so we are confident that everything we own will be covered. Just out of curiosity what is the camera they are looking at? I would think that kind of thing would be small potatoes to them? We have a Canon Powershot that I bought for $200 at Best Buy nearly 4 years ago before we went on our honeymoon-would we face the same scrutiny for an item like that here in NJ? With the way digital camera technology advances I can't imagine it being worth much right now.

You won't have to worry about the camera here in NJ.
What FL has that we don't is amazing home equity exemption. So the tt's are looking elsewhere for their money, and there have been a couple of stories about the middle district's rather invasive tactics to get it.

[Diesel73L]

Sorry to hear that you're going through this. Are federal exemptions not available in Florida? They are here in NJ so we are confident that everything we own will be covered. Just out of curiosity what is the camera they are looking at? I would think that kind of thing would be small potatoes to them? We have a Canon Powershot that I bought for $200 at Best Buy nearly 4 years ago before we went on our honeymoon-would we face the same scrutiny for an item like that here in NJ? With the way digital camera technology advances I can't imagine it being worth much right now.

[girlgator95]

Thanks for the info. justbroke. Heard from the auctioneer today. He will be coming by to see the property they are interested in tomorrow. We are prepared for whatever they want to take. Just hope it doesn't drag this out too long.

[IamOld]

i hope these protests will be viewed the same way. maybe?

It depends on the media and but I think they will be...

[tobee43]

Those protests were more important than people can today imagine!!!!

i hope these protests will be viewed the same way. maybe?

[IamOld]

oh, i as well and HOPING this movement continues to grow and be heard. after all enough is enough and what can be do about it??? only try to be heard, not that anyone can really do anything about it...or can they. in the 60's i do believe those protests i was attending ...or i hope, by attending it help to end the war?

Those protests were more important than people can today imagine!!!!

[tobee43]

oh, i as well and HOPING this movement continues to grow and be heard. after all enough is enough and what can we do about it??? only try to be heard, not that anyone can really do anything about it...or can they. in the 60's i do believe those protests i was attending ...or i hope, by attending it help to end the war?

[IamOld]

Tobee I think as I posted elsewhere, there may be a day coming where the banksters will lose power...

I heard on the radio yesterday that a group of protesters in NYC went to housing court, and stopped the afternoon's foreclosure auctions simply by singing...sounds like 60's non-violent resistance to me...

And it does seem as if the movement is not only not running out of steam but is slowly - slowly gaining steam...