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    Question regarding notice of abandonment

    A notice of abandonment with 14 days negative notice was filed March 2 listing all assets. Listed in that is a vehicle that I want to transfer to my daughter. She's had the vehicle since 2013, just married, the tag is due for renewal and I want them to take over the insurance. The paralegal at our attorneys office said as long as it's listed in the notice I can do whatever I please with it but I'm looking for additional confirmation.

    Also, we filed in August, paid a settlement in February. The last entry on PACER is June 24, Trustee asked for payment. Is this case ever going to close?

    We filed in Florida's Middle District. Thank you for any input, we have had issues with this paralegal, I don't entirely not trust her but I just don't want to do the wrong thing.


    #2
    We also had 4 creditors that filed a claim against the settlement. The trustees attorney requested compensation in April.

    Comment


      #3
      If the trustee abandoned the asset, it is yours to do with as you like.

      The trustee requesting payment sounds like a sign that your case will close soon.

      I assume you received your discharge, right?
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Yes, in November but we were depositioned in January. Our attorney advised that they could only now seize our tax refund but it wasn't written into the settlement agreement. I'm afraid to use any of that money until it's officially closed. Thank you for your response!

        Comment


          #5
          I suspect that if the trustee requested the fee but has not demanded you turn over the refund, that you will keep the refund because the refund would be part of the calculation of his fee. But, you are smart to wait for the case to close before spending the refund if it was not the included on the notice of abandonment.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


            #6
            So far it hasn't been mentioned. If he did ask for it then everything would start over as far as notifying creditors, 90 day waits etc, wouldn't it?

            Comment


              #7
              I'm not certain, but I don't think so. The case was already declared an asset case and the creditors were given a deadline to file claims. I don't think the discovery of a new asset reopens the claim filing period.
              LadyInTheRed is in the black!
              Filed Chap 13 April 2010. Discharged May 2015.
              $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

              Comment


                #8
                Thanks for your help. I'm anxious for this to end, it's been almost a year. Patience is hard at this point but I know it's necessary.

                Comment


                  #9
                  Are you awaiting Discharge or Close? In our case, we were an Asset Ch7, and most of our outstanding assets were abandoned. We had to pay to redeem others--Florida's Exemptions being so poor. Our case did not close until about 15 months after our Discharge.
                  "To go bravely forward is to invite a miracle."

                  "Worry is the darkroom where negatives are formed."

                  Comment


                    #10
                    Originally posted by AngelinaCat View Post
                    Are you awaiting Discharge or Close? In our case, we were an Asset Ch7, and most of our outstanding assets were abandoned. We had to pay to redeem others--Florida's Exemptions being so poor. Our case did not close until about 15 months after our Discharge.
                    We received the discharge in November, we're waiting for the case to close. We were considering an asset case also and paid a settlement. All of the assets we listed were abandoned in February. I can only guess that everything is procedural at this point but I don't know.

                    Comment


                      #11
                      Update: Notice of Trustee's Final Report posted Friday. I'm guessing thats the last thing??

                      Comment

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