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Trustee received my reply to Motion to Compel Turnover of 4Runner

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    #1

    Trustee received my reply to Motion to Compel Turnover of 4Runner

    I had sent a reply to this motion last week certified return receipt & received the trustee's RR yesterday. So now he is aware and/or at least his office is.

    Here's questions:

    1. Is it possible that when I go for my hearing, if judge turns it down, will I have to turnover SUV at that time?

    2. If I have to do #1, will I get my $1K check from trustee at that time (FL exemption on vechicles)?

    3. I will be stuck in Tampa, unless I adquately prepare for this one...(i.e. take a friend w/car right?

    Any thoughts?
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go
    Tags: None
    #2
    1. Probably not, you will not literally have to turn it over at the court. You and the trustee would work something out.

    2. No, if you get the check at all, it will be after the trustee sells the vehicle.

    If you do lose (which you might), you will want to ask the judge that the order that gets issued from the hearing have a clause regarding you getting your exemption value from the trustee.

    Comment

      #3
      Originally posted by HHM View Post
      1. Probably not, you will not literally have to turn it over at the court. You and the trustee would work something out.

      2. No, if you get the check at all, it will be after the trustee sells the vehicle.



      If you do lose (which you might), you will want to ask the judge that the order that gets issued from the hearing have a clause regarding you getting your exemption value from the trustee.

      Is there a reason why I can't have the $1k exemption check at the time I turn over the vehicle? That puts me in a position with no way to put money down on a vehicle (basically.....).

      What if he only sells the SUV for 1K? (lol...it could happen...), if FL states that I get my exemption money, why do I have to wait?

      That is a good idea about the clause, it could six months till the SUV sells (with my luck)...maybe this is a precautionary measure as to how the vehicle works after I turn it over? They want time to investigate things?

      Oh, I don't know....I do know that with what I hope to save, I still need the ability of that thousand dollars for my downpayment on my next vehicle...which I obviously can't purchase until this one's future is decided....


      Am I the only one on this forum that this is happening to and/or happened to?
      Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
      Who it was we were below, where we've been and where we go

      Comment

        #4
        i know its somewhere in your other posts, but what is the edmunds value of this vehicle??
        Chapter 7 Pro Se....Discharged Feb. 2006

        Comment

          #5
          Edmunds.com says....

          Originally posted by cindylynnsmith View Post
          i know its somewhere in your other posts, but what is the edmunds value of this vehicle??
          Trade in: $5K

          Private Party: $6K

          Dealer: $7K

          My xmother in law used to go to the auctions in NY and PA, I've been to them with her & know the lane system: Green, Yellow, Red....and my 4Runner, 2000 SR5 w/it's need for catalytic converters, new power antenna, Left rear panel smash, dings in both sides of bumper, oxygen sensor issues, possible starter would definitely be in the YELLOW lane...plus it's got 110K miles....needs reconditioning inside....etc...so...at the auction I know this vehicle would go for about $2,500 up in Orlando which is my guess where they'd take it......so I really think the necessary repairs cost more than what they can wholesale it for....
          Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
          Who it was we were below, where we've been and where we go

          Comment

            #6
            Originally posted by AMISLANDER View Post
            Trade in: $5K

            Private Party: $6K

            Dealer: $7K

            My xmother in law used to go to the auctions in NY and PA, I've been to them with her & know the lane system: Green, Yellow, Red....and my 4Runner, 2000 SR5 w/it's need for catalytic converters, new power antenna, Left rear panel smash, dings in both sides of bumper, oxygen sensor issues, possible starter would definitely be in the YELLOW lane...plus it's got 110K miles....needs reconditioning inside....etc...so...at the auction I know this vehicle would go for about $2,500 up in Orlando which is my guess where they'd take it......so I really think the necessary repairs cost more than what they can wholesale it for....
            IF you can submit document substantiating all that, I don't know why the trustee would stil want your SUV. I bet the trustee must be thinking that he/she can get $6-7k minus your exemption......

            Comment

              #7
              Will Edmonds estimate stand up in court?

              I will go to Toyota & see if they will write me up an estimate...previous estimate in 2005 for the catalytic job was $3k....otherwise, I guess I'll go to our island mechanic....before my court date so I go in prepared.
              Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
              Who it was we were below, where we've been and where we go

              Comment

                #8
                After you get your estimate done, and the trustee lets you keep it, I will do the job for a case of beer.

                Comment

                  #9
                  Originally posted by FilingOnMyOwn View Post
                  After you get your estimate done, and the trustee lets you keep it, I will do the job for a case of beer.

                  DEAL ON!!!! (I prefer Samuel Adams!)
                  Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
                  Who it was we were below, where we've been and where we go

                  Comment

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