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Sold truck 16 months ago

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    Sold truck 16 months ago

    Hello!

    I have a question if someone could help me, i would appreciate it. I am planning on filing chapter 7 bankruptcy. My question is tht I sold a dodge dakota (2003 model) back in august, 2007. I used the money to buy furniture for my house. I sold it for 2500. Can I still file? The truck was paid off.

    #2
    That was a year and a half ago and I do not think it will have anything to do with your bk filing (you stated it was August 2007). HTH

    Comment


      #3
      Have the paperwork ready in case the Trustee asks where the Truck is - but it should not be an issue at all if it was sold arms length. It could be an issue if sold to a family member
      Filed CH 7 9/30/2008
      Discharged Jan 5, 2009! Closed Jan 18, 2009

      I am not an attorney. None of my advice is legal advice in any way..

      Comment


        #4
        Originally posted by StartingOver08 View Post
        Have the paperwork ready in case the Trustee asks where the Truck is - but it should not be an issue at all if it was sold arms length. It could be an issue if sold to a family member
        Even if you did sell it to a family member, as long as you sold it for fair market value or close to FMV and had documented proof of the transaction you should be OK. All three attorneys I consulted told me I could sell my paid-off car to my mother/brother/sister before filing and as long as I got FMV, documented proof of such and I had spent the money I received for the car on rent/utils/food/gas/medical/dental it would be OK.

        Comment


          #5
          they will ask you about anything you sold in the last 2 years, I sold two boats for 15,500 cash and they were ok with it cause I used that money to pay bills. It was never brought up again.
          Filed CH7 1-28-09
          341 3-6-09
          Discharge 5-15-09
          Closed 5-15-09

          Comment


            #6
            We sold a truck last year for 15k and used the money to replace it with a cheap truck (3k), live on and for me to go to school - our attorney said we don't even list it as it was "in the ordinary course" of things! We sold it to a used car dealership, and yes, we took a bath on that truck!
            BKForum Blog: The Journey

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              #7
              I sold vehicle for $600.00 6 months before 13 and no problem at all.

              Comment


                #8
                Thanks for all the info. i am a paranoid person, or so i have been told. Thanks for all the answers,,,,

                Comment


                  #9
                  Thanks for this post - IMHO if you sell at FMV before BK and the money is spent on living expenses you don't need to list it as selling assets at FMV to non-insiders would be "ordinary course of business" - correct me if I am wrong. I am in this boat having lost a job and need to sell my one vehicle paid off to pay our property tax and I will most likely be filing feb/march if things don't turn around.

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                    #10
                    Also interested in this reply

                    Comment


                      #11
                      I've sold several things in the last couple of years, but all at FMV. I don't anticipate any problems going forward with them. I can document what they were sold for, the money went into the bank account, and bills were paid.
                      All information contained in this post is for informational and amusement purposes only.
                      Bankruptcy is a process, not an event.......

                      Comment


                        #12
                        It's not unusual for people to sell assets to support themselves or pay for a kl lawyer prior to filing.
                        It's no issue unless you involve friends or family and sell for below FMV.

                        Comment


                          #13
                          Originally posted by AlBroke68 View Post
                          Hello!

                          I have a question if someone could help me, i would appreciate it. I am planning on filing chapter 7 bankruptcy. My question is tht I sold a dodge dakota (2003 model) back in august, 2007. I used the money to buy furniture for my house. I sold it for 2500. Can I still file? The truck was paid off.
                          You sold a 4 year old truck, for 2500.00 just over 2 years ago. Odds are it won't be brought up, however because it was sold so cheaply I hope it was a "arms length transaction".

                          Not knowing the details, I would bet FMV was much higher than 2500.
                          8-07-09-filed Chapter 7
                          11-18-09-DISCHARGED!!

                          Life is not what challenges you face, but how you face those challenges.

                          Comment

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