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CH.7 filed, when will assets be seized/forfeited to trustee?

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twono
Frequent Contributor

CH.7 filed, when will assets be seized/forfeited to trustee?

Soooo, i filed Ch. 7 this week.  I have some vehicles that are bought and paid for and will be surrendered to the Trustee/BK 'people' for lack of a better term.  Proceeds from the sale of these vehicles will go toward unpaid taxes, so i was told.

 

When does the actual seizure of these assets happen?  Before MOC?  After MOC but before discharge?  Or after discharge?  Do they take them in the middle of the night?  Is an appointment made to give them up?  Can i deliver them to the facility/intake of such BK asset forfeitures?

 

I didn't think to ask my attny and it was never brought up.  

 

Thanks

Message 1 of 5
4 REPLIES 4
pizza1
Community Leader
Super Contributor

Re: CH.7 filed, when will assets be seized/forfeited to trustee?

Usually its a known thing, meaning, you already know its happening, so the trustee will tell your attorney a date for surrender. The proceeds always go towards taxes first, then if there's any left over to the creditors. Your attorney should let you know when. Its been my understanding that it takes place sometime between MOC and shortly after DC.
Message 2 of 5
twono
Frequent Contributor

Re: CH.7 filed, when will assets be seized/forfeited to trustee?

Assuming there are no issues with my scheduled DC that is less than a month away, i still haven't heard anything about surrendering these titled/registered assets.....all 5 of them.

 

The trustee did say at the 341 that he didn't have room for them at the time and asked if i wanted to buy any of them back.  I thought it was a loaded questions so i said NO, I'm broke!.

 

I guess i'm just anxious to get this over and seeing these assets gone will make me feel that everything is on schedule for a smooth DC.

Message 3 of 5
sccredit
Valued Contributor

Re: CH.7 filed, when will assets be seized/forfeited to trustee?

Wasn't a loaded question, you could buy them mback if you wanted and could figure out how to pay for them.  Trustee doesn't actually want to go through the hassle of seling them (but will if necessary).  Throw a lowball offer and see what happens (assuming you want any of them).

Message 4 of 5
twono
Frequent Contributor

Re: CH.7 filed, when will assets be seized/forfeited to trustee?


@sccredit wrote:

Wasn't a loaded question, you could buy them mback if you wanted and could figure out how to pay for them.  Trustee doesn't actually want to go through the hassle of seling them (but will if necessary).  Throw a lowball offer and see what happens (assuming you want any of them).



I knew after the 341 that it wasn't a 'loaded' question....but i really am broke and don't have $40,000 to buy them back.  The sell of the assets is going towards back taxes so it's all good.  

 

 

Message 5 of 5
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