can trustee force me to give up one of my vehicles to increase the amount to pay on ch 13? both are paid for but means test gives me the option for two vehicles. if trustee pulls a stunt like that i"m looking at an extra aprox 400.00 a month. not filing til feb 06 and will use a lawyer but feel that I should increase my knowledge about bankruptcy as much as possible.
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How many drivers in the family, and are the vehicles within the exemption levels? (Since you said they're paid for, I assume you have equity.)
If you don't have 2 drivers, then wanting to keep 2 cars could be questioned.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision. -
Originally posted by gunsmoke
Hmmm...I'm sort of in a position like this. One vehicle is paid off, but the other is loaded on payments and the main reason I bought it, was for the "Spare vehicle" need in addition that it's 4WD for unexpected winter driving here (Got to get to work no matter what)
I've again looked at Ch 13 and Ch 7. While I am WAY below IRS median income, if I am employed at filing, the trustee would see I could (And do) pay the bills, but I'm behind and the CC companies (And car loan) just won't relent a bit in exchange for allowing me to "Catch up"
And yes, there's only 1 driver, but I've had to haul Mom to the doctor at odd times and the "Big Rig" can get through about anything out there.
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2 cars
I'm single one driver.I'm pretty sure that I will be in a chapter 13. since this bankruptcy will be filed under the new standards, and I downloaded and took the means test. From reading numerous attorney web sites, I get the opinion that this means test is supposed to be the writted rule of what type of bankruptcy you can file, and that it is supposed to take guess work off of the trustee. Since the means test says that i'm allowed a max of 2 cars,i'm hopeing that a trustee can't tamper with it. I know this post is prob a little early since most post to this site are for pre oct.17 issues. Thanks, RickComment
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If you're filing under the new laws, I believe you can only claim expenses for 2 vehicles if there are 2 drivers.
I know that trustees generally questioned that before, don't know if it was a rule.Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.Comment
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