Trustee's motion for turnover of property

[05mag]

beachymama, I have the same appraiser coming to my house next week and after reading your posts I'm not looking forward to it. Have they closed your case yet? I'm keeping the house and was hoping to put it up for sale once I/m discharged in Dec. Wonder if I'll have to wait till it's closed now. UGH!!!

[beachymama]

It depends on who "they" are. If it's the Trustee, then your attorney needs to deal with this. I can't remember all the details from your case, but you became an asset case, right?

Evidently not, the trustee said they were gonna sell it all online 9-28-10 and that they did, finally, hopefully this mess will be over and done with.

[beachymama]

Does anyone know where to see online auctions for the Fort Myers, where they are posted, results, etc.?

[beachymama]

Well, yesterday they evidently had the online sale liquidating everything. Supposedly one couple bought everything. I have no idea how much or how they found my stuff. Don't care. My mom said they are coming today with a truck to get the crap. Hope the trustee gets everything he wanted, like the $9000 he thought my stuff was worth. Now I just want them to close out my BK.

[justbroke]

It depends on who "they" are. If it's the Trustee, then your attorney needs to deal with this. I can't remember all the details from your case, but you became an asset case, right?

[beachymama]

What are my options? Do nothing?? My bk is still open per Pacer. They demanded several things from me, including money in the bank (that I tried to exempt and never heard from my attorney or the BK court if that happened), my car, my furniture, possessions and a plot of land in SC.

[justbroke]

They aren't coming to get it. Generally speaking, it's usually not worth it and the whole "money or we're coming to get it" is a bluff.

[beachymama]

I am still waiting for them to come pick up my old furniture. I moved to California and it is all sitting in my pre-foreclosure home in Florida. I have asked my attorney, who is worthless, to find out when they are going to get it. It is one year since my 341 and 9 months since my discharge, but when they valued my furniture, they say it is worth 9000 and they want the furniture or the money. They demanded it, but have not come to get it.

[digital]

Btw... does it matter in regards to household goods if I owned furniture prior to marriage or if certain things were gifts (like baby/toddler furniture from my parents at baby shower etc) ..or is it just up for the taking if they question values or appraise for more etc? I am unemployed so I want to vomit at the thought of someone taking my childrens beds but its my understanding its jointly owned and not his or hers...?? Thoughts??

I would be very suprised if the trustee took any of your property, given the time it would take for he/she to obtain/sell it and then his/her cut of the sale - would be minimal (based on what you're describing). Legally of course the trustee (if they want to be a PITA) could setup the payment schedule to buy your property back - but that's pretty harsh - and even then, probably not worth the time.

The trustee's are looking for fraud/significant asset bankruptcies, they're looking out for themselves to make $$ - and it doesn't sound like your case would be worth the time. (that's the best kind of bankruptcy, just like ours, trustee didn't care for anything). And your furniture/beds (minus maybe a very nice tv..) are not worth much, they should be valued at what you could realistically sell them for at a garage sale to someone that wants to haggle.

[teek76]

Btw... does it matter in regards to household goods if I owned furniture prior to marriage or if certain things were gifts (like baby/toddler furniture from my parents at baby shower etc) ..or is it just up for the taking if they question values or appraise for more etc? I am unemployed so I want to vomit at the thought of someone taking my childrens beds but its my understanding its jointly owned and not his or hers...?? Thoughts??

[teek76]

My husband had a similar situation and has an upcoming hearing for trustees objection to debtors exemptions.. there wasn't any mention of turnover . The document simply states that he is above the (pathetic) $3000 allowable exemptions and that the he be required to claim only the $3000 as allowable by law. Our attorney said that he will just need to amend our schedules and anything above the $3000 will be able to be taken and sold if the trustee decides to go that route. Does that sound right? (Curious if our atty is on the mark)
If we adjust, we will then have vehicles and tools nonexempt. Both vehicles are secured on the same lie. My vehicle is worth app $6K (we reaffirmed lien) but my husbands work truck is pathetic. KBB says for fair value it is worth 4100..but it is POOR or whatever is below poor. He has an estimate for repair work on the vehicle from 2009 for $4900 (see why he never fixed it?) And since then, he has ruined two fenders by having blowouts on the interstate. He needs it for work (not that THEY care) and it has more in repairs thyan it is even worth.but w it being on same lien I don't know how that works.
Can we offer to buy the tools and vehicles back or how should I expect this to go?
ALSO.. his 341 was July 16 and continued but a date has yet to be set. The trustee has requested a bit more info and we have complied. Is this highly unusual for us to have a 341 postponed so long w/out date and a hearing for objections scheduled first? I don't know if we are moving along OK or if we are about to be hit by dismissal or something crazy.... thanks for any help!

[gunner01]

So I don't know what is going on, when it is going to happen or what is going to happen.[/QUOTE]

I was hoping you would share with an update? I am still waiting to hear what the final dollar amount is...

[justbroke]

That's just rude, not communicating with you. Go sit in his/her office.

[beachymama]

Yesterday was the 20 days I was given to tell the trustee what I want to put in a Stipulation to Buyback. My attorney never responded, so who knows if she contacted the court. I contacted the Trustee and he told me to stop writing him because he could not communicate with me.

So I don't know what is going on, when it is going to happen or what is going to happen.

[beachymama]

I have 8 days left. I have decided to try and contact the trustee myself. My attorney will not respond to me. I went to a lawyer consultation yesterday and he pretty much said I am screwed and it will take thousands to fight to try and revert the order to turn over the assets. So I will write a letter to the trustee asking to have my child support, my head of household wages exempt so that I could exempt some of my furniture and my car.

If I cannot get that exempted, then my STIPULATION to repurchase includes:

Car $1288
Clothes $150
Laptop $155
Bank Account Funds $788

and then they can come with their truck and I can say bye! bye!