Chapter 7 -- 341 trustee issues in Atlanta -- please help!

[despritfreya]

GA,

I am sorry for the unfortunate situation you find yourself in. In Arizona, insurance proceeds covering the destruction of exempt personal property is exempt up to the allowance for the item ($6,000.00 when dealing with a totaled vehicle). I just don't know how things work in your state. On this one you really need to wait to hear from your attny.

On a happier note - congrats on the discharge.

Des.

[GAfiler]

Thanks, Des - it was really a blow I didn't expect, in more ways than one. At least the kids were not hurt, nor was I. The vehicle exemption in GA is only 5,000 -- so the trustee could potentially take the other 800. What a mess. I'm hoping to borrow money from family to help buy a decent, safe vehicle for us...considering upgrading from hatchback to SUV for safety.

[GAfiler]

Is there any chance this could get the trustee to take some sort of action? Should I contact her directly, would that help or hurt? I have a feeling I have more invested in a speedy outcome than does my atty.

[despritfreya]

You may have more invested than the attny but you don't want to blow it. Wait for the atty and then ask if direct contact is advisable.

Des.

[GAfiler]

I think I'm going to stick to the hatchback I had before. USAA wants the contact info for the trustee - should I provide?

[despritfreya]

I think I'm going to stick to the hatchback I had before. USAA wants the contact info for the trustee - should I provide?

Since the vehicle is still property of the estate, this information should come from your bk attny. Give your bk attny the USAA contact info and stay on top of him.

Des.

[GAfiler]

Des, the atty managed to get the trustee on the line, and trustee said she had no interest in the car, or how much i'd get from insurance. She hasn't released the estate, though. Will DMV give me my title, do you think?

[despritfreya]

Can't really answer the question. Don't you have possession of the title? I would assume that with the Trustee's blessing you can sign it over to the insurance company.

Des.

[GAfiler]

Thanks, Des - I *had* possession of the title, but it was lost in the fire last year - I hadn't gotten around to replacing it. I'll try to get it, and use arbitration with USAA to try to maximize the payout, since they didn't take into account for the new hitch and 3-bike rack, or for replacing the boys' car seats. Thank G-d my family will help me out with the new car, and I can pay them back when the funds are released. Let's hope for good things only from here on out!

[despritfreya]

I can relate to your pain. Lost my car this past March. Had to claim against my insurance as the car that slammed into me was stolen. Fortunately had a good insurance company and the amount it paid was right in line with the value I calculated. Nothing to argue over but, replacing the car did cost me a few bucks. Good luck with the negotiations.

Des.

[GAfiler]

Thanks, Des. I'm glad that you were unhurt. Scary stuff, car crashes. Did the guy with the stolen car stick around to get arrested? Our guy slammed into us, then I was checking that the kids weren't showered in glass and reassuring them before stepping out. He came to my window and said to just pull over into the lot right there, he would be right behind us. He skedaddled instead...sigh.

[despritfreya]

Gotta love "honest" people - hit, stay then run.

In my "collision" I was hurt but fortunately it was/is only soft tissue. Could have been a ton worse. Guy stole the car at the convenience store down the road then blew through the intersection going, probably 45-50 MPH and slammed into my driver's rear door. Had he hit my door, I would not be typing this. Police saw the whole thing since they saw him steal the car. Funny thing was, I really hated that car. Replaced it with the exact same car but, newer and with a complete design overhaul by Hyundai. A far superior car.

Des

[GAfiler]

That must have been something...and all caught on tape. Wow, just....wow. Hope you recovered well, it sounds like a very scary experience. This and other things in the news just make me wonder what the hell is wrong with some people....seriously! Hyundai does make good cars, I'm glad you found one you liked, and were able to find a positive aspect to the whole thing. And I'm very glad you're still with us - you are definitely a blessing.

[GAfiler]

Des, my atty talked to the trustee directly, and she has no interest in the car or insurance settlement. With the add-ons (car seats for kids, bike rack, hitch, etc), looks like I'll be getting about 6300. I'm hoping that if I empty my bank account and delay quarterly taxes a bit (self-employed), I can buy a new car that will go for the next 10 years ...

[despritfreya]

. . . looks like I'll be getting about 6300. I'm hoping that if I empty my bank account and delay quarterly taxes a bit (self-employed), I can buy a new car that will go for the next 10 years ...

Sounds like a plan. Wishing you the best of luck.

Des.