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I gave away some assets, when can I file Ch 7?

Submitted by onebigasstruck2 on Thu, 05/14/2009 - 19:25
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I gave away two vehicles. When can I claim ch 7?

In other words, how long until they won't look for stuff I gave away?
State of Florida.


It is going to depend on the value of the assets. The trustee can look back for about two years. I would get the advice of an attorney. I have hired one, and it will take at least two years to pay his fee and the filing fees, but at least that will keep the collectors at bay.

I am also in Florida, and even if they do decide to sue before the bk filing, I have a Head of Household exemption to wage garnishments until I am able to file. Florida is a very friendly state for people in this position.


Submitted by southernapostolic on Thu, 05/21/2009 - 18:23

southernapostolic

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Maybe you should also look at the wildcard. I do not own any property, so we get like an extra $4000 each for assets. And I am making payments to my attorney for his fee and the filing costs. I gave the collectors his name and phone number, so they are no longer allowed to call me. And because I am head of household, I am exempt from wage garnishment up to $500, and then they can only garnish with my written consent.


Submitted by on Fri, 05/22/2009 - 12:37

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I ended up not giving away two vehicles. I legally sold one and have every document to prove it.
But I did put one in my fathers name and signed the title as gift. I'm assuming thats bad because I read a lot about this (after I did it) and it seems I could not have even sold it to a relative. Thats one obvious thing keeping me from thinking I can file.
I am going to contact an attorney anyway and basically find out when I can file.

I'm not head of household, and I'm single.

Still wondering why you're making payments, did it cost that much? What like over $3000? $5000?

I just walked into a lawyers office one day and he asked me a bunch of questions. My next visit was to start the process. He was going to charge under $2500.
I wasn't 100% honest about one thing, my car. I called back and he said I'd lose it if I filed. As much as I did not want to I sold it. Then I gave the other one away.

So basically I have to see an attorney possibly just to find out how long I have to wait or what else I can do to get around this.

For whatever it's worth I did buy the car cheap and fixed it up. Still the book value is $6000 to $7000.


Submitted by onebigasstruck2 on Fri, 05/22/2009 - 16:55

onebigasstruck2

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My lawyer is about $1600 for everything, fee, filing, and credit counseling. With the economy as it is right now, I don't have that much cash available, so I paid a small retainer, and he is letting me make payments until all of the fees are paid. I am still being represented by him until I am able to file. I have been told by others that a lot of creditors are less likely to put the resources into suing if they know you have a bk attorney. I guess they know that there is a good chance that it will be wasted unless they can prove fraud on your debt. I don't know all the details about this. I'll let the lawyer worry about that.


As far as the exemptions go, I know several people who have filed chapter 7 who were able to keep all of their possessions. I was advised that the value is at "yard sale prices". I will go into they more in detail with the attorney when I am getting ready to file. The only exceptions were secured loans, such as a car. I already turned my car back into the finance company and bought a cheap used car to tide me over. Don't know what the value is, but at least I'm not paying $500 a month anymore.


Submitted by on Fri, 05/22/2009 - 19:04

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Thanks for sharing.

The problem I have online is the fact that anything to do with a vehicle and bankruptcy, every single example I've read is for a vehicle thats being financed.

It seems my case would be easy. I have good reason for not having an income, my total debt is approx $46,000.
Right now I don't have any other items of value.

I just need to find out about the car I gifted to my father, and I now have cash from selling the other car.


Submitted by onebigasstruck2 on Fri, 05/22/2009 - 20:27

onebigasstruck2

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