i had my court yesterday, but i wanted to keep my car and trustee finalized that i turn it in when i put it as a protected asset to begin with. can i fight this case. i declared BK w/o an attorney.
2 Answers from Attorneys
Liquidation (in chapter 7 bankruptcy) is overwhelmingly rare. There may be valid cause to contest the demand for turnover. I'd just need a peek at your petition, so give our office a buzz in the a.m.
This answer (as well as our Web site) by San Diego Bankruptcy Attorney, Asaph Abrams doesnít address all facts & implications of the question; itís general bankruptcy info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA bankruptcy law only and certain facts may be relevant to the San Diego Bankruptcy Court only; itís independent of other answers. Seek legal counsel before acting on or refraining from bankruptcy- or other legal-action. We represent clients in San Diego, Imperial Valley (El Centro) and Riverside County.
There are several reasons as to why the trustee may be seeking turnover:
1, You didn't take the proper exemption.
2. There is insufficient available exemption to cover the car.
3. The lien on the car is unperfected.
4. The car was transferred to a friend or relative prior to the filing.
I can convert you to a Chapter 13 for no money down, where you keep everything.