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first attorney consultation, need opinions!!

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    first attorney consultation, need opinions!!

    So i went to my first attorney consultation today and he was asking me what property i have. i let him know that i do not have any property besides my chk and svg acct. i let him know that the vehicle i drive was bought by my grandparents when i was 16 and the title and insurance is still in there name. I have driven the vehicle since i was 16 and i am 24 now. my grandparents also still pay the insurance which like i mentioned before is still in there name. he basically told me that for bankruptcy purposes i would have to list it as part of my property. my question is why would i have to list it as property if i do not legally own it? and is there a possibility it can be taken away even though it isn't even mine? it just does not sound right to me! Please let me know your experiences and opinions!


    Just to let you know i still have about 4 other consultations with different attorneys!
    Last edited by kaliangel08; 10-29-2008, 09:32 PM. Reason: forgot a line

    #2
    Doesnt sound right to me either..anyone else? I say NEXT....

    Comment


      #3
      There is a place in the petition to list property held by you that is owned by others.

      I'd go ahead see the others, mention the situation to them as well and see what they say.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

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        #4
        Although I didn't have any property that belonged to others that I held, I assumed that to be a technicality that the courts would be required to know so they could absolutely ascertain that it was not my asset.

        I would ask for clarification from the lawyer. You may have to list it but it may not mean diddly squat.

        ep
        California Bankruptcy Central

        Comment


          #5
          I wouldn't list it as property. If you drive a company car, you wouldn't list it as your property. There's really no difference in this situation.

          There's is absolutely nothing that links you to the car...except for putting gas in the car.
          May 5, 2008 - Filed Ch7
          June 13, 2008 - 341 Meeting
          August 12, 2008 - Last day for objections... August 18, 2008 - Discharged!
          August 26, 2008 - CASE CLOSED!

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            #6
            First off what state are you in? Do you know the vehicle exemption amount in that state?
            From what you say, you have had the car 8 years. I don't know how old the vehicle was when they purchased it, but it may be that it's value would be protected under your state exemption. So it may not matter anyhow..........?

            K
            You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing

            Comment


              #7
              I would make a few more appts to see some other attys in your area before selecting one. I would question what this one is telling you.

              Also, I think if the title is not in your name and you don't pay anything for it, then you don't technically own it, therefore its not your property. Keep in mind also that if you don't claim ownership of it, then you don't get to claim the automobile expense for purposes of calculations on the Means test.

              Just my opinion anyway.
              Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
              341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
              Case Closed 07/15/2009 :D:yahoo:

              Comment


                #8
                You're young enough you probably pass the means test anyways without it. We have several vehicles in my family and none of the ones owned by my husband only are listed on my petition. NEXT lawyer!
                10/22/2008: EXP 718 ~ EQ 713 ~ TR 722 Watch them FALL
                341 Meeting December 3rd
                Filing Chapter 7 Expecting a court battle

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