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dylatess
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4739
Experience:  36 plus years of experience specializing in bankruptcy law
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We have filed for a bk13 and I have a question about my car. I have been paying the month

Resolved Question:

We have filed for a bk13 and I have a question about my car.
I have been paying the monthly payments regularly and on time. Can I pull my car out of the bk assets? I tried to contact the bk atty at the court, but they never return calls and on their vm, they also say they will not return calls. I have also faxed the court too without answer.
My question again is, what are my chances of getting my car taken out of the bk assets? I want to sell it or trade it in for a smaller more economical one. How do I do this quickly if I get permission from the court to do this? How much are atty fees if I were to hire one to this for me? I work full time and do not have the time to do this during the day.
Submitted: 12 months ago.
Category: Bankruptcy Law
Expert:  dylatess replied 12 months ago.
Over 35 years, I have assisted my clients with debt problems having filed more than 32000 Chapter 7 and Chapter 13 Bankruptcy petitions.

You cannot arbitrarily remove your car from the BK. Instead, you must file a motion with the court for permission to sell the asset and use the proceeds to buy another car. Likewise, along with the motion, you need to provide to the court the proposed contract showing what the new payment will be. the process is called a motion to sell and requires an attorney to prepare it. And unless you substitute out your current attorney, he must do the motion. However, he cannot charge you directly but instead must put his fee into the plan and he will be paid over time.

Please rate my answer ok or better. Otherwise, I am not paid though you have paid a deposit.
Customer: replied 12 months ago.

I'm a teacher on a budget. I can't afford fancy atties, but want to sell my car and purchase another. No one will touch it if it has a lien on it.


I know I can't arbitrarily remove my car from the assets and I know I can only do this with permission from the court. I've called and faxed without an answer. Looks like this could take a lot of time which I do not have.


 


If I hired an atty, what am I looking at cost-wise? About?


 


Expert:  dylatess replied 12 months ago.
Average fee is $350 to $500 which is built into the plan. So there is no out of pocket expense from you.

Please rare my answer ok or better, otherwise I am not paid even though you have paid. Thanks.
dylatess, Attorney
Category: Bankruptcy Law
Satisfied Customers: 4739
Experience: 36 plus years of experience specializing in bankruptcy law
dylatess and 2 other Bankruptcy Law Specialists are ready to help you

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