More details to this question:
My lawyer told me I would not have problems with my Chapter 7 with my daughter's cars that I co-signed to help her out. Now the Trustee wants to take them. What legal rights does my daughter have since she paid for both cars 100% and she has all the proof that shows she did.
5 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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We don't have that sort of trouble in our jurisdiction; Statement of Financial Affairs question 14 should have listed you as holding that property for another, your daughter. The bankruptcy court follows the money.
Answered on May 02nd, 2014 at 3:49 AM
Insurance Law Attorney serving Pasadena, CA
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KJM Law Partners
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Converting a case from Chapter 7 to Chapter 13 requires a motion to convert and a court order, unlike converting a case from Chapter 13 to Chapter 7. It may be difficult to convert if there are assets that the trustee can liquidate to pay creditors. It is important to make sure that the assets that you want to keep in a Chapter 7 can be exempted.
Answered on Apr 21st, 2014 at 5:23 PM
You should get a second opinion from a very experienced attorney. You have a few options, but converting would certainly be one of those options. The second attorney will probably charge you for an hourly consultation (I always do when looking at some other attorney's filing).
Answered on Apr 21st, 2014 at 5:22 PM
The Trustee wants to take the vehicles because the Trustee doesn't have all the facts. Your lawyer does have the facts & will be able to present the evidence to the bankruptcy court showing that the vehicles are only nominally in your name. A chapter 13 is usually much more expensive than a car. It sounds like your lawyer has given you good advice.
Answered on Apr 21st, 2014 at 5:22 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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In Kansas she could fight the Trustee on the matter using that proof. She would be considered to have an equitable interest to the extent she made the payments. It's not that way in every state, so it largely depends on your state's law. But yes, a Chapter 13 would be a way to potentially work something else out so the cars wouldn't be taken. If your lawyer cannot answer the questions about how conversion to a chapter 13 would address these issues, then you probably need to find an attorney who will take the case over and convert (if that is in fact the best thing).
Answered on Apr 21st, 2014 at 2:32 PM