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Boat Stripped !

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    Boat Stripped !

    I had my boat stripped of the motors and electronics by the person who had been storing it for me due to non-payment. What can happen to me as it is before the discharge?

    #2
    Originally posted by brokeashell1 View Post
    I had my boat stripped of the motors and electronics by the person who had been storing it for me due to non-payment. What can happen to me as it is before the discharge?
    Sounds like a Violation of the Automatic Stay. No one is allowed to touch property of the Estate -- except the U.S. Trustee.

    You can be mean and report the Violation, or do nothing. I don't think anything happens to you...
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Well, first you need to contact the police and secondly you need to review whatever paperwork you signed when you agreed for this person to store your boat - what does it state as to anything they can do if there is non-payment for storage? Also, are you certain it is the person storing your boat that did this and not someone else hoping to sell the items and make a buck? Nothing is safe anywhere these days from theft. I would also contact your attorney handling your BK.
      _________________________________________
      Filed 5 Year Chapter 13: April 2002
      Early Buy-Out: April 2006
      Discharge: August 2006

      "A credit card is a snake in your pocket"

      Comment


        #4
        First off if this just happened then you need to report it to your lawyer first. If it is indeed the person who stores the boat and you included them in the petition then this is a violation.

        Next in conjunction with the lawyer its time to call the Trustee. Mostly let your lawyer handle this. (If you can't prove it was taken after the filing then call the police...otherwise the Trustee will call the police after he is notified I'm sure).

        Now the question would be did they take it before notification or after. When is the last time you checked on the boat?

        Also as someone else said you need to be able to prove who did it. If they verbally or in writing admitted this then there is your proof. Before they sell any of it though you need to get the police to impound it. (Incidentally are you suppose to be surrendering the boat....I'm thinking the Trustee is not going to like this).
        May 31st, 2007: Petition Filed by my lawyer
        July 2nd, 2007: 341 Meeting Held
        September 4th, 2007: Discharged and Closed.

        Comment


          #5
          didn't sign any paperwork (handshake), sitting in empty lot of mechanics garage, unattended. Not sure it is mechanics, maybe someone else. haven't seen boat in over a year. just been waiting for bank to repo it and found out it's stripped. still waiting to hear from attorney.

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