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    questions about how to handle vehicles

    Sorry this post is so long.... I posted in another thread about my attorney sending a substitute attorney in her place at the 341 meeting. I want to explain the way I've handled my transportation issues and see if anyone thinks it's a problem. My actual attorney is aware of it, and didn't show any concern, but I wanted to post it here, also. I am unsure if this is something I need to inform the substitute attorney of?!

    I'm surrendering my SUV, and at the moment I still have posession of it. A relative of mine purchased a new vehicle recently, and instead of trading in her old one, she sold it to my fiancee. I filed on 12/22, and the way we are handling payments is I'm paying my fiancee's portion of the rent, and he's sending her money for the car. We obtained the car in his name, tag/title/etc, from her on 1/9. He sent her "his" first payment on 1/30. So, the car is in his name, and the payments are coming from his bank account. If it matters, it's a 2000 Infiniti worth about 3500, and we are paying them back 2500. I don't think this is "hiding assets," as it's not my asset and never was my asset to begin with. My attorney didn't think so, either. It's technically his car, and I'm driving it. The reason we did it this way is because it was easier than trying to figure out how to place a valid lien on the title in order to put it in my name, and this relative didn't want anyone else driving it while her name was on it, due to accident/liability issues if there was a crash or whatnot. In Florida, the value of this Infiniti is over the exemption, but at the same time, we're still talking about a car that has over 100k miles on it and is worth less than $4000. Not a new Benz, or anything, lol.

    Another question: my ex-husband, who is still a good friend of mine, is on the tag/title/loan for the vehicle I'm surrendering. He's currently paying his own attorney and heading towards his own Chapter 7 in the near future. He has expressed an interest in taking over the vehicle I intend to surrender, so I'm not sure what's expected of me: should I turn it over to the bank ONLY, and let THEM decide if they're going to give it to my ex? Or can I let my ex just take it, and then tell the bank if they want it they need to get ahold of my ex to find it? I don't want to find myself in a situation where they're trying to recover the property and they get pissed that my ex has it. (It's thru a credit union, and he lives in another part of the state where the credit union doesn't have any offices.)
    Chapter 7 Filed: 12/22/08
    341 Meeting: 1/22/09
    Discharged and Closed: 3/24/09

    #2
    Originally posted by freshstartfl View Post
    Sorry this post is so long.... I posted in another thread about my attorney sending a substitute attorney in her place at the 341 meeting. I want to explain the way I've handled my transportation issues and see if anyone thinks it's a problem. My actual attorney is aware of it, and didn't show any concern, but I wanted to post it here, also. I am unsure if this is something I need to inform the substitute attorney of?!

    I'm surrendering my SUV, and at the moment I still have posession of it. A relative of mine purchased a new vehicle recently, and instead of trading in her old one, she sold it to my fiancee. I filed on 12/22, and the way we are handling payments is I'm paying my fiancee's portion of the rent, and he's sending her money for the car. We obtained the car in his name, tag/title/etc, from her on 1/9. He sent her "his" first payment on 1/30. So, the car is in his name, and the payments are coming from his bank account. If it matters, it's a 2000 Infiniti worth about 3500, and we are paying them back 2500. I don't think this is "hiding assets," as it's not my asset and never was my asset to begin with. My attorney didn't think so, either. It's technically his car, and I'm driving it. The reason we did it this way is because it was easier than trying to figure out how to place a valid lien on the title in order to put it in my name, and this relative didn't want anyone else driving it while her name was on it, due to accident/liability issues if there was a crash or whatnot. In Florida, the value of this Infiniti is over the exemption, but at the same time, we're still talking about a car that has over 100k miles on it and is worth less than $4000. Not a new Benz, or anything, lol.

    Another question: my ex-husband, who is still a good friend of mine, is on the tag/title/loan for the vehicle I'm surrendering. He's currently paying his own attorney and heading towards his own Chapter 7 in the near future. He has expressed an interest in taking over the vehicle I intend to surrender, so I'm not sure what's expected of me: should I turn it over to the bank ONLY, and let THEM decide if they're going to give it to my ex? Or can I let my ex just take it, and then tell the bank if they want it they need to get ahold of my ex to find it? I don't want to find myself in a situation where they're trying to recover the property and they get pissed that my ex has it. (It's thru a credit union, and he lives in another part of the state where the credit union doesn't have any offices.)
    For the first part it isn't your car so it's not a problem.
    the second part give the car to your ex and he can keep paying on it as long as he wants to.
    Chapter 7 07/30/2008
    341 09/17/2008
    Discharge 11/21/2008

    Comment


      #3
      Thanks for your reply! The bit about the car in my fiancee's name scares me, b/c obviously, we're trying to "protect" it since it's over the exemption limit. I don't see it as fraud; I see it as a perfectly legit transaction. It still makes me nervous, but I don't suppose I have a reason to be.

      As far as the car I'm surrendering, my ex has his own car loan and a credit card thru the same credit union. He's past due on his car with them, and as previously stated, heading towards his own Chapter 7 in the next few months. I wouldn't think that once the credit union views his accounts with them that they'd really want him to keep my surrendered vehicle, and I just really don't want to be held liable for putting it into his possession. Although, since his name is on it, I couldn't stop him if he decided to come take it one night, either... then it's not my doing!
      Chapter 7 Filed: 12/22/08
      341 Meeting: 1/22/09
      Discharged and Closed: 3/24/09

      Comment


        #4
        Originally posted by freshstartfl View Post
        Thanks for your reply! The bit about the car in my fiancee's name scares me, b/c obviously, we're trying to "protect" it since it's over the exemption limit. I don't see it as fraud; I see it as a perfectly legit transaction. It still makes me nervous, but I don't suppose I have a reason to be.

        As far as the car I'm surrendering, my ex has his own car loan and a credit card thru the same credit union. He's past due on his car with them, and as previously stated, heading towards his own Chapter 7 in the next few months. I wouldn't think that once the credit union views his accounts with them that they'd really want him to keep my surrendered vehicle, and I just really don't want to be held liable for putting it into his possession. Although, since his name is on it, I couldn't stop him if he decided to come take it one night, either... then it's not my doing!
        Sorry i misunderstood. As long as car one was never in your name you are fine.
        Chapter 7 07/30/2008
        341 09/17/2008
        Discharge 11/21/2008

        Comment

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