Big mess with ex-wife's car and bankruptcy

[Dirk Squarejaw]

I filed at the end of July. Then, about a week ago, my ex-wife got in contact with me wanting me to sign paperwork to release my name so she could trade it in.

Since this is car was in my name with the bank, I contacted my attorney seeking advice on the matter. He told me not to sign any paperwork that would change my status on this loan or any other debt. I took his advice and did not sign it.

Fast-forward to today and I received a letter in the mail from an attorney who filed paperwork asking the court to appoint a commisioner to release me from the title and is asking for me to pay all the court fees and her legal fees to do all of this.

I've forwarded on a copy of the letter to my lawyer and I'm awaiting a response. Has anyone ever had anything like this happen?

I haven't really been stressed through this whole BK process until now. I can't wait until this whole thing is over with.

[lrprn]

Fast-forward to today and I received a letter in the mail from an attorney who filed paperwork asking the court to appoint a commisioner to release me from the title and is asking for me to pay all the court fees and her legal fees to do all of this.

Does your ex-wife's lawyer know that you have the car tied up in a active bankruptcy and cannot sell the secured asset without the permission of your trustee?

Also wondering if her lawyer understands that if they force you to turn over the title so she can sell it now, it's possible your trustee could take half of whatever she sells it for?

[JRScott]

I agree with lrprn I'm wondering how much her lawyer knows. Since you've already filed bk that vehicle is considered part of the estate......

[Reddrocket07]

Being divorced once my self, it sounds as if your ex isnt being very understanding since she had a lawyer go after you. I let me ex have whatever she wanted and I ended up with the debt, which is why I am in BK. So in my opinion, look out for #1 which is you. And if she wants to play hardball, make it as difficult as possible for her.

[banca rotta]

If it wasn't for the fact that this would mess up your case and delay it, I would say "here take the car" and let your standing trustee know what she did. The trustee will grab some of the cash and make her life miserable.

Her attorney knows all this and I guess once she gets the car she will have to pay him to fight the trustee to keep it and get more money. Any real lawyer would know this better then we do that she is making a huge mistake messing around like this.

[Dirk Squarejaw]

I've been away from the computer for a couple days and after looking through my petition.....guess what isn't on there? This car. When I signed my paperwork, I was nervous and thought I double/triple checked everything but I didn't think of this car as I don't pay on it or have possession of it. Will this screw me or if I amend the petition will that cover me even though it was added after-the-fact?

The information was in the packet that I left for the lawyer, but its not actually on my petition. I'm hoping that not being on there at first is not a big deal and that the amendment will cover this mess.

[JRScott]

If its not listed and your name is on it you need to let your lawyer know and amend your papers.

Most likely the trustee could know about it if he does a title search on your name, so much better to amend and have it there...

[Dirk Squarejaw]

If its not listed and your name is on it you need to let your lawyer know and amend your papers.

Most likely the trustee could know about it if he does a title search on your name, so much better to amend and have it there...

OK. Just fired off an email explaining the situation to the paralegal that does all his paperwork. Hopefully I can get this taken care of today. Even if the outcome is that the trustee isn't interested the dumb stunts like calling me, stating that she recieved notice of my BK and then proceding to ask me about this loan (she left a voicemail and I have it recorded into a handy MP3 file)......even if he isn't concerned about that I just want my 341 to go as smoothly as possible.

Thanks again all for your support!

[Dirk Squarejaw]

Also, the paperwork from her lawyer states in one section that she "contacted me several times" about the car loan and I have a nice MP3 of her voicemail stating that she recieved my BK paperwork and then procedes to ask me about the car loan and tries to reason with me why I should sign the paperwork including how she wants to turn **** ****** Ford in for fraud over my car and that to keep her from doing that, I should just sign her power of attorney.

Think the trustee would dig that ****? Although she's not asking for payment, she is trying to get me to sign off and transfer property out of my name.

[JRScott]

Never give power of attorney to anyone you do not trust.

However if she received a notice from the BK court she is violating the automatic stay by contacting you. In truth if she keeps doing it your lawyer might decide to proceed with a lawsuit, which would cost her his fees plus 1000 dollars per violation.