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    One last question

    From earlier posts ou may remember me but let me bring you up to speed
    then my question

    I filed bk papers in March. About 4-6 weeks later my uncle passed away and left me in his will. I received a check last week for 2-3 times the amount I am going bk for. I informed my lawyer and we decided to

    Not go to the 341 meeting last week. They rescheduled me for 2 weeks. He said we don't go again and they will discharge the bk and then I can negotiate a final settlement with my creditors. I realize all the ramnifications of this but here is my question

    ALL my debt is credit card debt. My father passed away 6 weeks ago. Now I find out that he left his vehicle to me. It is a 2007 Toyota with a very high value. Since my plan is to have my bk discharged and then settle with my creditors...Is it safe to put this newer vehicle in my name as my father wanted? I know when you go bk you are allowed to keep your vehicle if it is under x amount of dollars in value. Since I will not be going bk now but negotiating with my creditors...it would not seem as though they could come after the vehicle since they are all credit card debts and non-secured.

    Am I correct in this line of thinking? I would appreciate any ideas or suggestions in this matter. I have been told my insurance agent that I cannot insure this vehicle unless it is titled and registered to me.

    Thank you
    skyline1222

    #2
    I think you mean they will dismiss the BK, not discharge. I think you can request a dismissal, you don't have to wait til the system pukes you out for not showing up!
    Figured out we were in trouble: (Wait, we're in trouble? ) Stopped paying creditors: Aug 2010 Filed Chap 7: Apr 29, 2011 341: Jun 1, 2011 Report of no distribution: Jun 1, 2011 Discharged Aug 2, 2011

    Comment


      #3
      Follow up

      Regardless of how I get out of this...my question still is

      If I am discharged and the creditors are again back in the picture am I in jeopardy of loosing this new car? It would seem not since the trustee is no longer involved and I am dealing again at some point my creditors directly.
      If you have any thoughts or ideas on this particular question please let me know.

      Thanks
      skyline1222

      Comment


        #4
        Originally posted by skyline1222 View Post
        Regardless of how I get out of this...my question still is

        If I am discharged and the creditors are again back in the picture am I in jeopardy of loosing this new car? It would seem not since the trustee is no longer involved and I am dealing again at some point my creditors directly.
        If you have any thoughts or ideas on this particular question please let me know.

        Thanks
        skyline1222
        The only way your creditors could come after the vehicle is if they have filed a lawsuit, won the lawsuit, been awarded a judgement in their favor and then they could take the car to satisfy their awarded judgement.

        Until they receive a judgement they cannot take your property.
        Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
        I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

        Comment


          #5
          Hi

          Since I now have the cash to pay the creditors...If they took me to court...I am assuming I would have to be served and appear in person...I could always just pay them off before appearing and that would settle any claims against my property. I have a 95 yr old mother locally and I am the only family member in this state to take her tto appointments..shopping..the doctors and stuff and I am concerned that with no car she would be on her own.

          Does this sound right? I would have to be served..file an answer of some sort...and in the meantime just pay the creditor off and I would be okay.

          Let me hear any questions/opinions regarding this.

          Thanks
          skyline1222

          Comment


            #6
            Originally posted by skyline1222 View Post

            Does this sound right? I would have to be served..file an answer of some sort...and in the meantime just pay the creditor off and I would be okay.

            Let me hear any questions/opinions regarding this.

            Thanks
            skyline1222
            Yes. Satisfy the creditor and you'll have no worries.
            Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
            I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

            Comment

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