Answering a Motion to Compel...re: 4Runner

[AMISLANDER]

Ok...I sat perplexed this weekend...should I say take the truck, should I answer back, should I let some borrow it and lose it? All those thoughts that run rampant when your back is up against the wall and you're almost basically at your wits end...

So, I am answering this motion and letting them know that I am not going down without a fight. Title has a lien on it and that's that. I am going to send it certified return receipt to both clerk of court as well as my bk trustee...I don't have time to drive to 150 miles and drop it at the courthouse, I think this should be adequate and it is an answer.

I have no problem with going before the judge & explaining this. If he recommends taking the truck, then fine, at least I got to open my mouth. If they want the gas hogging, non-starting beast then they better write me my $1k check pretty darn fast....otherwise I have no way to get to work to pay my bills so I don't go under again, not that the bk trustee gives tw sh*ts anyhow...lol...

But if I don't stand up, nobody is standing for me, right?

Anyone else been through this?

P.S. and when do I get the rest of my refund back trustee? three years from now?

[emoney]

What you have said and how you have said it make you a prime suspect for thirty days in the cooler for contempt of court.
If you start serving now you can be out by Christmas.
Good Luck!!!
emoney

[AMISLANDER]

What you have said and how you have said it make you a prime suspect for thirty days in the cooler for contempt of court.
If you start serving now you can be out by Christmas.
Good Luck!!!
emoney

C'mon now...I'm answering a motion and you want to hold me in contempt?
Please.

[Me!]

Let me put this in perspective for you...

I used to work for a Chapter 7 trustee. When you state that he filed a motion to compel regarding your 4Runner, what does he want? Does he want the vehicle, or does he want documents regarding the vehicle? He has a job to do, and when you fail to cooperate, he can't move forward with getting your case closed.

Also, do you know that he even received your tax refund? If you owe 2004 taxes, the IRS may have never even issued a refund check. Or if they did, the trustee is likely waiting for you to comply with his other requests before he returns your prorated refund.

If you think the motion to compel is bad, just wait - usually, a complaint to revoke discharge is the next step...

[AMISLANDER]

I used to work for a Chapter 7 trustee. When you state that he filed a motion to compel regarding your 4Runner, what does he want? Does he want the vehicle, or does he want documents regarding the vehicle? He has a job to do, and when you fail to cooperate, he can't move forward with getting your case closed.

Also, do you know that he even received your tax refund? If you owe 2004 taxes, the IRS may have never even issued a refund check. Or if they did, the trustee is likely waiting for you to comply with his other requests before he returns your prorated refund.

If you think the motion to compel is bad, just wait - usually, a complaint to revoke discharge is the next step...

My trustee wants my 4Runner which has a lien on the title. He wants the vehicle and I have cooperated by providing him with a copy of the title w/lien as well as the promissary note.

I sent him my refund check (which i of, course, do have a copy of) back in June. Therefore, I have complied with his request for the refund as well.

I sent an answer to the motion yesterday, certified return, receipt to the Clerk of the Court as well as the trustee, I think that's about compliant as I can be.

Next?

[BK&Filer]

Sounds like you are doing the right thing to me

Complying with and respecting the court and trustee does not mean that you have to give up your legal rights. From what I have read in Pacer, it is not rare for a judge to side with the debtor rather than the trustee. It is worth a shot at least!

[AMISLANDER]

Complying with and respecting the court and trustee does not mean that you have to give up your legal rights. From what I have read in Pacer, it is not rare for a judge to side with the debtor rather than the trustee. It is worth a shot at least!

Thank you! At least I will maybe get to explain things...My bk attorney hasn't really done anything more than the 341 on this matter so I am relying on myself at this point.

[Grace]

I've read a few of your threads, and I was wondering why you'd spend money on new tires for a car that had so many mechanical problems and that had a lien against it and might be seized. I know tires are important, but why not just turn the car over and take that tire money and put it to a car that actually runs that you get to keep?

[SinkingFast]

I've read a few of your threads, and I was wondering why you'd spend money on new tires for a car that had so many mechanical problems and that had a lien against it and might be seized. I know tires are important, but why not just turn the car over and take that tire money and put it to a car that actually runs that you get to keep?

If you'd read a bit more you'd know the Lien is a Security Interest on the Title for a loan of $6K from Amis' Mom. The lien was placed nearly a year before Amis filed BK.

If the Trustee's motion to invalidate the Lien stands, Amis looses the truck, Mom's loan becomes an unsecured debt that's been discharged, and Amis has no way to get to work.

Mechanical defects and all, a ride is a ride. Even poor transportation sure beats hoofin' it!

I don't blame you one bit, Amis!! Don't go down without a fight!!

[Grace]

Interesting info, SF. Doesn't answer the question. Why would someone put hundreds of dollars into tires on a car that has such severe mechanical problems that it barely runs?

I've read a bunch of Amislander's posts, and I can't really figure out if she wants to keep this vehicle or not. The posts seem to go in both directions.

My 4Runner was never taken in the bk and trustee has made no issue of it either...just my 2005 tax refund ($3K).

Since it's been such a pain in the ass (bad year for 4runner's I'm assuming) or this one is a lemon...I'd like to trade it in (it is paid off) and get a highlander (2001 or 2002)...with payments to start building back my credit as well as get me in a vehicle that will not make me guess if it's going to start without a problem. ... I am so done with my car's sense of humour.

I am so afraid that the trustee wants this vehicle and I don't know what to do now? Look for the paper? Is it any good...obviously it's less than a year before I signed the bankruptcy paperwork...what do I do? HELP!!!!

since I am so over my truck and it's issues...Is it possible that I can ask him to take the SUV? I'm assuming that he would have to pay the lienholder off, my mom, and then, I can be done with this whole issue...

[BK&Filer]

Grace - I think part of the problem is that Amislander can't sell/trade get rid of the truck as long as the trustee hasn't decided what to do with it. And the lien/objection to the lien complicates matters further.

[SinkingFast]

Interesting info, SF. Doesn't answer the question. Why would someone put hundreds of dollars into tires on a car that has such severe mechanical problems that it barely runs?

I've read a bunch of Amislander's posts, and I can't really figure out if she wants to keep this vehicle or not. The posts seem to go in both directions.

If you'd been thru this process yourself, Grace, you'd know I did answer your question.

You'd know why Amis was going back and forth about the truck, and why now, she is choosing to draw a line in the sand and fight for the truck.

That's, IF you'd been thru the process yourself.

[AMISLANDER]

I've read a few of your threads, and I was wondering why you'd spend money on new tires for a car that had so many mechanical problems and that had a lien against it and might be seized. I know tires are important, but why not just turn the car over and take that tire money and put it to a car that actually runs that you get to keep?

I live in FL; when it rains in the summer, i.e. just passed-it rains monsoons on the island...I had NO TREAD on my tires and I had my children this summer...NO TREAD=sliding all over in rain...therefore, for safety reasons, I needed new tires...

The turning over of the SUV is an issue that I have been waiting to hear on from the trustee...my bk attorney said to let it ride....

Money is not growing on a tree...that's all I need to do is acquire a second car while waiting to hear whether or not the first one is to be seized...then the trustee could take the second car as well....we're only allowed $1K worth of vehicle in Florida...

[AMISLANDER]

Grace - I think part of the problem is that Amislander can't sell/trade get rid of the truck as long as the trustee hasn't decided what to do with it. And the lien/objection to the lien complicates matters further.

Plus...I don't think $341.00 is a lot for tires for an SUV....the other problems, i.e Catalytic coverters (Toyota price of $3K)...hose work, antenna problem, oxygen sensers, & rear dent panel gash....I think the trustee can have those repaired if they so wish to have this SUV so bad....

Yes, I paid $14K for it back in 2003 w/60K miles...it now has 108k miles & issues, but it still gets me back & forth to work...the gas at $3/gal was a lot worse of an issue than now at $2.15/gal.....it really sucks to spend $45 a week in gas vs. $25....

So yes, I've been up, down & all around on this vehicle but no one's volunteering to donate a ride at this point...lol!!!