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Car totaled in an open Chapter 7 asset case

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    Car totaled in an open Chapter 7 asset case

    We filed Chapter 7 in 4/2011. Discharge was 10/2011. Case is still open as I have an inheritance pending. The bulk of the inheritance is a house that has been on the market for almost three years.

    Anyway, this past weekend I was involved in an auto accident. It was not my fault. The other driver had neither a driver license or insurance. My car was totaled.
    I have reported everything to my insurance and am waiting for a settlement.

    Do I need to notify the trustee? Ca I replace the vehicle? What if the settlement is more than what I put down as an exemption. Thank you for your help

    #2
    It would be difficult to tell, but when your case was discharged, the Trustee may have abandoned certain assets. This is usually the exempt assets. I would double check with my attorney to be sure, but the car should be your property at this point.

    Did you file pro se or through an attorney? If pro se, you may need to check the docket so see if/what assets the Trustee abandoned.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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