judgment?

[Graphic]

The biggest thing is the fact that my parents dont want to be out of 8k, and I don't want to be out of a car. What do you mean by selling it to the trustee? They would just want to use the money for paying creditors right? That would be a waste in my opinion if I am going to file ch.7 ... then again I had a long night last night and today so I'm about half out of it and can't comprehend much right now.

[bkfiler]

i didnt say sell it to him. i said sell it to them - your parents. this may or may not keep it away from your trustee.

you cant just want to keep your truck. you can only keep it if you can claim in under an exemption to be honest. then its safe.

if thats all you own then didnt we already talk about you using your exemptions to cover it?

[Graphic]

True, sorry for the mixup lol thought you meant the trustee. Well yes you said that but wouldn't it only be exempt from 1k? Or does florida allow you to use other exemptions in place of it if you don't own anything else? I can't find it anywhere..google is the best but sometimes you have to use just the right wording.

[bkfiler]

i dont know. but florida has some pretty good bk laws for debtor from what i read. lots of people flocked there to file bk in the past.

also, some states have a wildcard exemption. if you dont have a home then you get to use it elsewhere on whatever you want.

[bkfiler]

if not then put your car up on jacks, strap a skirt around it and install a kitchen sink.

afterwards start living in your car, i mean your new home.

declare it and see what they say

[bkfiler]

also, get on pacer and see what others have filed for their cars.

ask your attorney. he should know. i cant find any good info either for florida. sorry.

[bkfiler]

perfect example of cyber space waste. you have to wonder what yahoo shipdit allowed the creation of this explaination.

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Florida:

Can I keep my home and/or car after I file bankruptcy?

You will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt.
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WOW! thanks for answering that one!

[bkfiler]

all i see is $1000 so far. i cant find a wildcard exemption yet. let us know what you find out.

[Graphic]

Thanks a lot, I'll definately look to see and ask lawyers as well. If not I might have to try the home thing... it is a SUV, so it would have some pretty good Square footage lol. Thanks

Ryan

[Graphic]

http://www.legalhelpers.com/legal_helpers/brc_exemptions_fl.html

I think that might tell me. I think an extra 1000 for wildcard on any other piece of property that isn't fully exempt. So I'd still be out 6 grand.

I am techincally from alabama, would I still be able to file in alabama since I AM a resident of alabama? (my car is titled there..license etc.. I'm just out of state at college in Florida) I Do know they have more exemptions for cars. Possibly wildcard too.

[bkfiler]

its goes according to where you have lived for the greater of the last 6 months.

[Graphic]

ok cool, it hasn't been that long since I've transferred here so I could use those exemptions as well if I had to. I think it's only 3k.. better than 1k like Florida but still better

[Risi0457]

Graphic

Here in Florida this is how it goes

I know because I'm going through this right now and its a pain in the neck

If you file bk now the trustee will definitely take your car and give you the opportunity to buy back from him. Trustee will sent you a Buyback agreement document with all the explanation of what is going to happend and how much you are going to pay him and for how long and keep in mind that in the mean time your case won't be close until that is pay off to the trustee.

Then after you pay the trustee the fair market value of your car, (what ever that is) trustee file a notice of sale with the court and mail it to all parties of interest in the case. The trustee is obligated to maximize the value to creditors in the sale of property (car) of the state.

If the trustee receives a higher offer to purchase the property (in this case the car) the Debtor will be given the opportunity to exceed that offer. If the higher offer is accepted by the trustee, the amount paid to the estate by the Debtor will be refunded.

Good luck

[Graphic]

Well then I guess I'll just transfer it back and just make the creditors wait even longer. Then once I finish law school I'll pay the ones who still want their money ..and the ones who dont the statute of limitations will be up by the time I finish law school.

[bkfiler]

if your parents gave it to you i wonder if its ok to give it back.

im thinking the trustee is going to have a problem with it.

thats why i was saying that they should put a lien on it and you guys work up some paper work that says you owe them for it if thats .true. or something like that.

a trustee can rip it away from you if he thinks fraud is involved. he will sleep even better that night too.