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    Sale of vehicles to be disclosed

    My soon to be ex and I are filing CH 7 soon. We have been separated for a year and are divorcing and filing bankruptcy back to back. I have not been privvy to his finances since we seperated. Right after the separation he sold a few vehicles. We need to disclose how much they sold for and what he used the money for. He is claiming that he does not remember what he sold them for...he may truly not as he does have memory issues...my concern is what amount do we claim? He does not know the people he sold them to, they were craigslist contacts. Does the court go to the dmv and then contact the purchasers to find out what amount they paid? We were going to put in the fair value of kbb or nada but what if it was thousands more? I don't want it to look like we intentionally mislead if the court looks into it. Once we retain a lawyer can they find out the sale price for us?
    Suggestions on how to handle this would be great!
    Last edited by BlueBuffalo; 10-20-2009, 05:11 AM. Reason: spelling

    #2
    Did your husband sell the vehicles without paperwork? There must be a bill of sale and the title would have had to have been transferred to the buyer. If the title is not transferred then there are going to be issues in your BK regarding these sales.

    Check the paperwork. He must have done something with the money. The Trustee is going to be looking for sales of vehicles to friends and family members for less than FMV....which will be a problem in your BK. Best to get it sorted out now before you file.

    BTW, in my BK I had to provide all the vehicle registrations and purchase paperwork to my Trustee. The Trustee is not just an individual...but an entire staff that checks your petition for fraud. It is an easy thing for the Trustee's staff to see what is registered in you or your husbands name and when it was transferred and to whom it was transferred. Don't guess, check it out.
    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..

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      #3
      He did not do a bill of sale, they were cash transactions. He signed the titles over and sent in the info stubs to the dmv with the purchasers name and address etc. He did not deposit the cash but just kept it in an envelope and grabbed as needed.
      I will ask him to go to the dmv to see if they will give him the purchasers info so he can find out from them what the selling price was.
      This is just so messed up!! The stress of all this is making my hair fall out, lol, and I haven't even sat down with a lawyer yet.

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        #4
        Or you might try contacting the DMV yourself. Or order a Carfax report for each vehicle. Make sure you have a papertrail......
        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

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