• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Trustee Wants Unclaimed Assets

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

chilibill

Member
What is the name of your state? Florida

I filed for a Chapter 7 and my meeting with the trustee was in November. The Chapter 7 was for me solely for debts incurred prior to my marriage. During the meeting the trustee asked how I got to the meeting. I told her I drove my wife’s vehicle. The trustee asked how and when the vehicle had been purchased. I explained my wife and I used my old vehicle ($16,000 trade-in value - $4,000 still owed) for a down payment on a three year old vehicle. This was done more than 13 months before I filed for BK. We needed a different vehicle because severe arthritis prevented me from safely operating my old vehicle for prolonged periods of time. The newer vehicle was titled in my wife’s name because I could no longer get credit. Because my wife’s vehicle was purchased more than 13 months prior to me filing and it was in my wife’s name, I didn’t list it as an asset. The trustee has extended the period for objections by two months and is now threatening to sue my wife for the value of the trade-in. Is this a valid claim on the part of the trustee?
 


Ladynred

Senior Member
Seems a bit of a stretch to me, what does your lawyer say ?
Since its titled in your wife's name, its not your asset and I wouldn't think the Trustee could go after something that's legally not yours. FL is not a community property state.

I have heard some other stories about FL Trustees going after vehicles aggressively lately, but not one that didn't legally belong to the filer !
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top