QUESTION

What happens to the property the Trustee can't sell?

Asked on Apr 19th, 2014 on Bankruptcy - Florida
More details to this question:
If the trustee takes my property and tries to sell it but no one buys it, what happens to the property and how long to they have to try and sell it? If I am co-signer on a car, but I never paid a single cent of it, and the trustee wants it, what happens to the person who really owns it? Do they get a portion of the money back?
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1 ANSWER

Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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The vehicle will be sold at auction, most likely. No one gets any portion of any money back once the car is sold, if there is more money from the car after sold and was due on the loan then that money will go towards other bill that you had in your chapter 7 bankruptcy, such as credit card or medical bills. Once the trustee has it it's the trustees, they do not give it back unless they cannot sell it for enough money that will cover the loan or mortgage on that particular asset. In that case usually they will just allow the bank to foreclose or repossess the car or home. It's basically the same for a mortgage or a car loan, if they cannot get enough money to pay back the loan or mortgage and their trustee fee, they will kick the asset back to the owner and the bank will take it back for the owner. In no circumstances will anybody get any money from it regardless how much they paid. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 24th, 2014 at 2:13 PM

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