Selling a Car Included in Trustee's Objection to Exemptions...

[RBisDebtFree]

So my trustee objected to some of my exemptions which are quite under the allowed exemptions. One of the exemptions he objected to is my car. It does not work (or works very poorly) and I would like to sell it, add money and buy a good car.

My attorney says that there's no deadline for dealing with the objection and I think he's get pretty frustrated about me asking him about this, I asked previously but he never advised me on what my options are.

I said it's hard to sell it as my potential buyers will be cash buyers and I might to sell it right away so emailing my attorney before the sale and waiting on him to talk to trustee and get back to me might be a show stopper. When I told him that, he told me to send him an email asking to talk to the trustee regarding this issue...

I haven't emailed my attorney asking to talk to the trustee. What do you guys think? Is that a good idea?

[AngelinaCatHub]

NO, it is not a good idea. If you are pending an objection, that Trustee has the power to reopen your discharged case and you don't want to pee him off.

We had an old car abandoned, and after our discharge I became a bit healthier and put some parts and time into it. It was not worth much but after playing with it and getting it to run right, we got four times what it was worth. However, it was not an objected item. I would definitely play it safe. You have come to far to Eff it up. 'Hub

[RBisDebtFree]

I didn't mean selling it WITHOUT asking. Do you mean even going to trustee and asking him what he plans to do with it is a bad idea? I definitely want to stay safe rather than getting some cash on hand and then losing that cash and sleep...

[AngelinaCatHub]

I didn't mean selling it WITHOUT asking. Do you mean even going to trustee and asking him what he plans to do with it is a bad idea? I definitely want to stay safe rather than getting some cash on hand and then losing that cash and sleep...

If that is what you wished to do, I see nothing wrong with that. You get rid of that car before he has some decision on this, would open a can of worms. At this time, you are still in a hot position until he says he abandons it or makes whatever plans he has with it. 'Hub

[RBisDebtFree]

I am definitely not going to do anything if he doesn't officially abandon it and I don't see it in PACER

The trustee filed that objection to exemptions over 3 weeks ago and there was no update on that since then. I kind of don't like the feeling of an axe hanging over my head regarding the car and cash that he objected to but I would still wait it out if I didn't want/need to sell the car. So I was thinking to at least ask my attorney to go to the trustee and ask him what he planned to do with it. But I am not sure if it is a bad idea. I am sorry for not understanding the first time but do you think I should rather wait it out and let things sort themselves out? Or if I don't try to talk to the trustee about the objection he will simply hold it there for months if not years? I am just trying to see if this is normal practice to ask trustee about his objection or if it would frustrate him and he would fight the exemptions just because you asked and now it is red flagged?

[AngelinaCatHub]

Well, don't make more of it than it is, it took the Judge three months to Motion my Trustees suggestion to close my case (asset). So the wheels turn very slowly. I don't see a problem with even you asking the Trustee. In theory, your lawyer is finished with you after discharge. Ask the guy or ask his intentions and state you could use the room it is taking up if he wants to take it away. (Do this nicely). He will understand. 'Hub

[backtoschool]

The trustee would LOVE for you to sell your nonworking car that he objected to you exempting. You would be doing his job for him, as he would simply take the cash you made selling it.

3 weeks is not a long time regarding an exemption that a trustee has objected to.

I would not sell the car right now. Did your attorney file paperwork contesting the objection yet?

[RBisDebtFree]

Well, don't make more of it than it is, it took the Judge three months to Motion my Trustees suggestion to close my case (asset). So the wheels turn very slowly. I don't see a problem with even you asking the Trustee. In theory, your lawyer is finished with you after discharge. Ask the guy or ask his intentions and state you could use the room it is taking up if he wants to take it away. (Do this nicely). He will understand. 'Hub

I see -- maybe I should just ask. My attorney *strongly* discourages me to going straight to the trustee but he is not willing to receive a pay for him (attorney) to call the trustee. Weird... Thanks for the advice though!

[RBisDebtFree]

The trustee would LOVE for you to sell your nonworking car that he objected to you exempting. You would be doing his job for him, as he would simply take the cash you made selling it.

3 weeks is not a long time regarding an exemption that a trustee has objected to.

I would not sell the car right now. Did your attorney file paperwork contesting the objection yet?

I am not planning to sell unless trustee officially abandons the property. This is my second time posting a thread with a confusing title .

My lawyer did file the paperwork as I think it first makes sense to talk to the trustee at least. Why? Well, when he originally filed, my attorney talked to the trustee regarding my objection (it was a brief conversation at one of the 341s or after, don't know) and trustee said that he filed the objection "just beucase" or how my attorney said "to hold his hand on something". So I want to see if I can ask him to just let me go please