We filed CH13 about 2 years ago, had 3 vehicles that were technically undecured (i.e., no liens) but we had signed a promissory note to repay to s family member. During the CH13 the trustee made it VERY CLEAR that we could not pay the family member during the CH13. In December we divorced and converted to a CH7. At Meeting of Creditors today the family member showed up stating that he was getting an attorney to get his money. He has the actual titles and the promissory notes but according to the state of TN the cars have no liens. Can he file a lien on those vehicles now that the BKs have been filed?
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I'd think that since the lein was never perfected that, those vehicles are property of the bk estate and the trustee can take possesion of them if he/she wants 'em.
What does your attorney say? What was the trustees reaction at the 341 meeting?
Did you list the family member as a creditor> -
Thanks for the reply
The 3 vehicles combined plus our personal property are less than 25K. We did list the family member on the petition. He was listed as an unsecured creditor and has received some money through the CH13. The trustee told the family member to have his attorney contact him and he would speak to him. Our attorney said the trustee really has nothing that he can do since the dollar amount is below what we are allowed. The cars are 15 years old, 12 years old and 7 years old. Our attorney just wasn't sure if he could file a lien on the cars so long after the fact and since he knew they were legally unsecured (according to the state of TN).Comment
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