S
stuckindebt
Guest
What is the name of your state? ok
Ok…well I think I am to a point now where I can take a breath. Some of you may have seen my other posts asking about cars as exceptions, schedule J’s and so forth. Well…here is the scoop.
Divorced Jan. 2003, filed for chapter 7 Aug 2003. One of my main goals was to try and jeep this “project” jeep of mine. At the time of filing it was stripped down in the garage and was not moveable. At the time of filing I gave it a value of $1500 and my attorney listed it on my exceptions. We filed, went to the 341 hearing and all went well. Then I made a big mistake…I started messin with the jeep and I got it drivable again. Well…the ex got word of this, and since she is already big time pissed about the bankruptcy she got pics of the jeep fully assembled and turned these over to the trustee. When she turned over these pics she also made an offer for $7500. Well….the next big mistake I made was…I got word from my attorney that the court wanted to repo the jeep…so, I said to myself, “well they don’t know what it looks like” (because I didn’t know about the pics) so in one night I stripped it back to the way it was when I filed. I then told my attorney that I have a “friend” that wants to make an offer for $9000 as it sits. The repo company showed up to get the jeep the next day, and boy were they pissed…it didn’t match their pictures. So needless to say I really have the trustee up my ass now. I had to pay a shop to reassemble the jeep, and when the shop is complete they are supposed to pick it up. The next day after my ex turned over these pictures the trustee filed an objection to my exception list stating that the value I listed on the jeep was incorrect that I already used my vehicle exception on my other car, which I didn’t think I did because I owe just about what it worth. He also sent us a letter asking for 2002/2001 tax returns, copies of payroll stubs for the last 90 days, copies of credit card statements for the past 6 months, explanation of the consumer debt, what was purchased, date when purchased, if cash advances, date when said debt was incurred, and to please give detailed information.. All stated that some of my expenses listed on my schedule J were higher than one would expect. Also asked that we give a detailed explanation on the circumstances for which the debtors filed bankruptcy. There is also a little issue with the boat I let them repo. Apparently, it was missing some items…I did take some items like the stereo and such. I have given these back as asked by the trustee. However, there are other items to the boat missing. The boat sits in a marina, and has been there two months waiting on the court to do something. Half of the lake knew I was filing and everyone knew what was on the boat. I am sure someone helped themselves to whatever. The problem with that is since I have ruined my creditably with the trustee they aren’t going to believe a thing I say now.
Now the concern is where we go from here. I think I have my attorney clammed down and understands that I made some DUMB decisions and I let emotions take over. We filed an amendment today moving the jeep from the excepted listed to the asset list. We are thinking once we do that the trustee will have to remove his objection. We are concerned with the value of the jeep. It is still listed on the asset list at $1500. Since I reassembled the thing it now has a greater value. If we admen the asset list, my attorney is concerned that I put myself in perjury. I told him that the value of the jeep is arguable…it’s not street legal, it’s built just for rock crawling, wouldn’t pass any sort of safety inspection, and so forth. So, I don’t see a reason to change the value on the asset list…so at this point we haven’t. My attorney also failed to list my ex wife on the creditor matrix so he is also going to admen that.
Some bad things to point out…I stated the jeep was worth $1500 but yet the ex makes an offer or $7500 (assembled) and then they get another offer fro $9000. So it defiantly looks like I falsely listed the value. However, the only reason the $9000 offer was made was out of spit…but that is neither here nor there.
My attorney thinks at this point we should just keep moving forward. Comply with everything they have asked, beg for mercy, explain why I did dumb things, admit the dumb things, and so forth. He states that once we complete the requested items we may get a feel for what they’re next card will be. He did tell me that he thinks I might be getting just a tad bit of sympathy…my ex has caused a big mess and they aren’t real happy about all the extra work. He also feels like they might be setting us up for a dismissal. And from what I have been told I guess they can dismiss it two ways, one with out prejudice, and one with. Without prejudice I get my assets back…the jeep and boat. With prejudice they keep the assets, and I still have the debt. Then I guess I can voluntarily dismiss. At this point I almost thing voluntarily dismissing sounds like the way to go…..IF I get my assets back My attorney says that, that will really piss them off since they have already spent time and money on my case, and that they could press criminal charges against me for tampering with federal property…aka the jeep. At this point my attorney is against any type of dismissal because he says that my name will have a big red flag on it and when I go back in 6 months to refile…this will start all over.
Sorry this is so long winded…this is has been a crazy week.
Well…what do you all think? Do you agree with my attorney? Thanks!!!
Ok…well I think I am to a point now where I can take a breath. Some of you may have seen my other posts asking about cars as exceptions, schedule J’s and so forth. Well…here is the scoop.
Divorced Jan. 2003, filed for chapter 7 Aug 2003. One of my main goals was to try and jeep this “project” jeep of mine. At the time of filing it was stripped down in the garage and was not moveable. At the time of filing I gave it a value of $1500 and my attorney listed it on my exceptions. We filed, went to the 341 hearing and all went well. Then I made a big mistake…I started messin with the jeep and I got it drivable again. Well…the ex got word of this, and since she is already big time pissed about the bankruptcy she got pics of the jeep fully assembled and turned these over to the trustee. When she turned over these pics she also made an offer for $7500. Well….the next big mistake I made was…I got word from my attorney that the court wanted to repo the jeep…so, I said to myself, “well they don’t know what it looks like” (because I didn’t know about the pics) so in one night I stripped it back to the way it was when I filed. I then told my attorney that I have a “friend” that wants to make an offer for $9000 as it sits. The repo company showed up to get the jeep the next day, and boy were they pissed…it didn’t match their pictures. So needless to say I really have the trustee up my ass now. I had to pay a shop to reassemble the jeep, and when the shop is complete they are supposed to pick it up. The next day after my ex turned over these pictures the trustee filed an objection to my exception list stating that the value I listed on the jeep was incorrect that I already used my vehicle exception on my other car, which I didn’t think I did because I owe just about what it worth. He also sent us a letter asking for 2002/2001 tax returns, copies of payroll stubs for the last 90 days, copies of credit card statements for the past 6 months, explanation of the consumer debt, what was purchased, date when purchased, if cash advances, date when said debt was incurred, and to please give detailed information.. All stated that some of my expenses listed on my schedule J were higher than one would expect. Also asked that we give a detailed explanation on the circumstances for which the debtors filed bankruptcy. There is also a little issue with the boat I let them repo. Apparently, it was missing some items…I did take some items like the stereo and such. I have given these back as asked by the trustee. However, there are other items to the boat missing. The boat sits in a marina, and has been there two months waiting on the court to do something. Half of the lake knew I was filing and everyone knew what was on the boat. I am sure someone helped themselves to whatever. The problem with that is since I have ruined my creditably with the trustee they aren’t going to believe a thing I say now.
Now the concern is where we go from here. I think I have my attorney clammed down and understands that I made some DUMB decisions and I let emotions take over. We filed an amendment today moving the jeep from the excepted listed to the asset list. We are thinking once we do that the trustee will have to remove his objection. We are concerned with the value of the jeep. It is still listed on the asset list at $1500. Since I reassembled the thing it now has a greater value. If we admen the asset list, my attorney is concerned that I put myself in perjury. I told him that the value of the jeep is arguable…it’s not street legal, it’s built just for rock crawling, wouldn’t pass any sort of safety inspection, and so forth. So, I don’t see a reason to change the value on the asset list…so at this point we haven’t. My attorney also failed to list my ex wife on the creditor matrix so he is also going to admen that.
Some bad things to point out…I stated the jeep was worth $1500 but yet the ex makes an offer or $7500 (assembled) and then they get another offer fro $9000. So it defiantly looks like I falsely listed the value. However, the only reason the $9000 offer was made was out of spit…but that is neither here nor there.
My attorney thinks at this point we should just keep moving forward. Comply with everything they have asked, beg for mercy, explain why I did dumb things, admit the dumb things, and so forth. He states that once we complete the requested items we may get a feel for what they’re next card will be. He did tell me that he thinks I might be getting just a tad bit of sympathy…my ex has caused a big mess and they aren’t real happy about all the extra work. He also feels like they might be setting us up for a dismissal. And from what I have been told I guess they can dismiss it two ways, one with out prejudice, and one with. Without prejudice I get my assets back…the jeep and boat. With prejudice they keep the assets, and I still have the debt. Then I guess I can voluntarily dismiss. At this point I almost thing voluntarily dismissing sounds like the way to go…..IF I get my assets back My attorney says that, that will really piss them off since they have already spent time and money on my case, and that they could press criminal charges against me for tampering with federal property…aka the jeep. At this point my attorney is against any type of dismissal because he says that my name will have a big red flag on it and when I go back in 6 months to refile…this will start all over.
Sorry this is so long winded…this is has been a crazy week.
Well…what do you all think? Do you agree with my attorney? Thanks!!!