Can Trustee's be trusted?

[WhatJust]

[FoolAndHisMoney]

Only the judge can dismiss a case if the trustee can show cause why it should be dismissed. What was the reason that it was dismissed? Sounds odd this whole thing. I didn't think the state would matter as long as the bank had a perfected lien on the title. As far as the bank if the lien is not perfected then the car should be yours free and clear and the trustee won't get it since you are out of bankruptcy. Sounds like you picked a winner of an attorney. Good luck and keep us posted.

[SinkingFast]

One good thing I see here is "Dismissed without Prejudice". That means you can refile and not have a problem attempting BK again. Albeit, I would look for a different attny the next time.

I'm like FAHM. I've never heard of such a thing. Trustee sieze an asset so the Debtor/Filer can buy it back at a lower price. Tis odd for sure.

[WhatJust]

FoolAnMyMoney

Thanks for the input
The trustee tried to prove that the bank didn't have a perfected lien on the title because I bought the car in another state and my state allowed a "memo title". He tried it the year before and lost. So basically, you're right, the state doesn't matter (are you an attorney or just twice as smart as mine ;)) as long as the bank has a perfected lien. As far as the dismissal, I was referring to the adversary proceedings filed by the trustee to vacate the lien.

The bank states they can charge me any legal fees dealing with Bankruptcy and collateral fees. Basically, to protect their interest in the secured property. Again, it goes back to a Trustee not doing their job and my attorney not watching out for my back after he got his money.

[FoolAndHisMoney]

FoolAnMyMoney

Thanks for the input
The trustee tried to prove that the bank didn't have a perfected lien on the title because I bought the car in another state and my state allowed a "memo title". He tried it the year before and lost. So basically, you're right, the state doesn't matter (are you an attorney or just twice as smart as mine ;)) as long as the bank has a perfected lien. As far as the dismissal, I was referring to the adversary proceedings filed by the trustee to vacate the lien.

The bank states they can charge me any legal fees dealing with Bankruptcy and collateral fees. Basically, to protect their interest in the secured property. Again, it goes back to a Trustee not doing their job and my attorney not watching out for my back after he got his money.

Not an attorney. Just twice as smart as yours Just did homework and learned a lot to be prepared for my day in court.

I like how the trustee turned off the recorder to try to swindle the lien holder. Real slick.

[SinkingFast]

Not an attorney. Just twice as smart as yours Just did homework and learned a lot to be prepared for my day in court.

I like how the trustee turned off the recorder to try to swindle the lien holder. Real slick.

FAHM is a smart one that's for sure!

That was a slick trick to turn off the recorder at that particular point in time. No evidence pointing at him. For the Lien Holder, or for a claim against the Trustee by WhatJust either.

[FoolAndHisMoney]

WhatJust, I also realized that if your lien was really not perfect you can bet the trustee would not have dismissed the case so fast. He would be able to grab your car and auction it and he couldn't do this if you were dismissed.

Sink, thanks for the kind words. I don't pat myself on the back for being smart just yet until my would be case is discharged and closed. Bankruptcy truly isn't over until it's over.