HELP! Have a huge mix up!

[gdambra]

This is going to take a bit of explaining. I filed (and discharged) for Ch.7 over four years ago. My husband had bought motorcycles on GE Money Bank "Honda Card" which we assumed was a credit card and when we listed the motorcycles they went under that category. We were not sure if they were secured or unsecured and were relying on our attorneys knowledge of what to do.

We told them that we weren't sure about these specific motorcycles but it was a given to us as a credit card but we do have the motorcycles in our possession. We wanted to keep the motorcycles and pay for them so they told us we had to do that through the trustee.

We wrote the trustee a letter asking him if we could buy back the motorcycles from the estate and he granted us this request. We made payments for six months to him for over $3,000 (we have records) and the letter from the trustee. BUT apparently the motorcycles were "Securred" debt. We didn't know.

The trustee blames the attorney, the attorney blames us and the trustee threatens us that we "lied" and could have our discharge revoked so it's just best to shut up and go away. I have these three motorcycles and I have been trying to get them registered...well I don't have the title (ge money does) and the trustee paid the other debts in our case because the motorcycles were "assets" of ours.

I can't believe this has happened. We were just trying to go about everything the right way and pay for the motorcycles. Now I have paid $3000 and I still have the motorcycles with no title so I cant register them or ride them. The attorney actually said to just keep them "but don't leave your garage open"!

Is there any way to fix this and get the title from GE Money because we did "pay" for the motorcycles. What a mess! I don't care if GE Money comes and gets the dang things but I am afraid if I try to get the title it will open a whole can of worms and my discharge will be revoked because "we lied"(which was never our intention, we listed the motorcycles and never tried to hide them). we were just very confused as to BK Lingo!

[MSbklawyer]

I think the trustee is yanking your chain about revoking your discharge. Discharges can only be revoked within one year after your case is closed.

(d) On request of the trustee, a creditor, or the United States trustee, and after notice and a hearing, the court shall revoke a discharge granted under subsection (a) of this section if--

(1) such discharge was obtained through the fraud of the debtor, and the requesting party did not know of such fraud until after the granting of such discharge;

(2) the debtor acquired property that is property of the estate, or became entitled to acquire property that would be property of the estate, and knowingly and fraudulently failed to report the acquisition of or entitlement to such property, or to deliver or surrender such property to the trustee;

(3) the debtor committed an act specified in subsection (a)(6) of this section; or

(4) the debtor has failed to explain satisfactorily--

(A) a material misstatement in an audit referred to in section 586(f) of title 28; or

(B) a failure to make available for inspection all necessary accounts, papers, documents, financial records, files, and all other papers, things, or property belonging to the debtor that are requested for an audit referred to in section 586(f) of title 28.

(e) The trustee, a creditor, or the United States trustee may request a revocation of a discharge--

(1) under subsection (d)(1) of this section within one year after such discharge is granted; or

(2) under subsection (d)(2) or (d)(3) of this section before the later of--

(A) one year after the granting of such discharge; and

(B) the date the case is closed.

It's not an issue I've ever dealt with first-hand, but the way I read this section, since you've got 4 years between you and your case closing, you're in no danger of having the discharge revoked.

Hope that helps.

P.S. PM me your address and leave your garage door open and I can make arrangements for one of those bikes to disappear for you.