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meeting of the creditors

Submitted by on Tue, 10/07/2008 - 21:16
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I have my meeting later this month and right now I am so worry about it's outcome. What sort of questions should I prepare myself for and what if the trustee wants the keys to my second car valued at $800? No liens are on it, and it's my only nonexempty property. I don't own a house, I only have 2 vehicles. Would I have a choice for which vehicle I wanted to keep if it comes to this? Also there is 2 cards that my lawyer didn't put on my petiton and I called him up, he said he'll check into it and ammend my petition for a fee. Any advice or good wishes would be most welcomed. Thank you in advance.


Ours was really easy. The trustee asked us if we had previously filed bankruptcy, if we had made any property transfers in the past two years (I THINK it was two), if we had read the petition before signing it and if everything was true and accurate. She asked my husband a couple of questions about his business (he is self-employed). Then she asked if there were any creditors present (there weren't), and that was it.

We didn't have any non-exempt property, but I would be surprised if the trustee would bother with the hassle of taking your car and trying to sell it if it's only valued at $800. If the trustee did decide to sell it, you would have the first option of buying it back if you were able to come up with the funds (at least in my state, California).

If you have balances on those two cards, I would definitely follow up with your attorney and make sure that they get added to the petition. Did you forget to tell him about them or did he forget to put them in? If it was his error, it doesn't seem like you should be charged for the amended filing.

Good luck!


Submitted by alias1958 on Tue, 10/07/2008 - 21:39

alias1958

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I guess we both are to blame, for missing those 2 cc's. They were current when I first went to see him though. I missed them when signing my petition, didn't read it myself, he read it outloud to me, and they are on my credit report so we're both to blame. I am nervous about my 2nd car even though my lawyer says it's too old/too high mileage and that I shoudn't worry. I but I do. I like that car more than my exempt car.

I have good and I have very bad days with all of this. I always thought somehow I could pay $65K worth of cc debt back if I worked hard and paid over the minium due. but life has just gotten so expense. I was literarlly using every penny of my pay to cover minium dues then buying groceries, gas, dr bills, medicine, household bills on credit b/c I had no $ left. BK was the only way for me at this time.


Submitted by on Tue, 10/07/2008 - 22:37

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I know what you're saying. We didn't want to file BK either, but it finally became obvious that we really didn't have another choice. We were also buying gas and groceries with the credit cards because we were spending all of our money paying the bills.

I agree with your attorney about the second car. I don't think you should worry too much about it. If the trustee were to decide to take it, then s/he would have the hassle of trying to sell it just to disperse that little bit of money to your creditors. And, as I said, worst case scenario, if s/he does decide to take it, you should have the first right of buying it back--if you can come up with the funds.


Submitted by alias1958 on Wed, 10/08/2008 - 10:26

alias1958

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I would seriously doubt that the trustee would take the car valued at what you said it was. As a matter of fact, my cousin was gonna file a Ch 7, but she had the clear title to her car(no liens), and her attorney advised her that the trustee would probably take it and sell it to pay some of her creditors, but her car was valued at like $10,000. She filed a Ch 13 instead, and was able to keep it.

Oh, forgot to mention, my meeting of creditors was pretty quick, and simple also. I was pretty nervous myself, but you should be okay.


Submitted by m.lm1947 on Wed, 10/08/2008 - 16:16

m.lm1947

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