Hello, I have a question about my bankruptcy. I filed and had the meeting with the creditors in Sept. I live in Florida. The difficulty came in because my 2003 car was paid for and has very low milage 10,000 miles due to the fact I worked at home for several years. I was approx $3,500 above the exception for Florida I paid a certified Car appraiser who deducted some repairs from the value.
At the 341 meeting the trustee
suddenly said he would not accept the appraisal and wanted me to go to Car Max. I did, the estimate came in at $5,000 causing me to be above the exceptions. I believe this is a conflict of interest because Car Max is interested in my car because of the low milage and can make repairs at cost. On the other hand the certified appraiser I paid has no interest in my car.
BotXXXXX XXXXXne is the trustee saw fit to say that either they would take the car and sell it or I could keep the car and pay the difference approx. $3,500.
I diplomatically question my lawyer as to why he did not speak up and ask the Trustee to consider the age of the car and the repairs that are needed. I was told point blank...they do not argue with a trustee. I am not at all comfortable with my lawyer.
The botXXXXX XXXXXne is this. I said I would keep the car and asked for a payment plan, my lawyer said interested maybe charged. I asked for the the Trustee's decision in writing and a statement or something in writing showing that he (the trustee) agreed to a payment plan of 6 months and what the interest would be and something with the amount due written. My lawyer is now annoyed with me and only the paralegal has corresponded with me. I was told by this paralegal that they correspond only by email and that they cannot supply anything in writing. I asked for the Trustee's email to be forwarded to me. It has now been two months. I cannot imagine paying $3500 with nothing at all in writing. Not even an email forwarded to me from the trustee's office.
My question is this am I within my legal rights to ask for the Trustee's decision in writing? Is it not appropriate to expect something in writing indicating their agreement to a payment plan and something in writing to show what the interest is and what the amount payable is?
If I pay an electric bill, a cable bill or car repairs I receive a written statement. I am at a loss as my lawyer refuses to talk to me and only the paralegal responds. I do not have the resources to hire another lawyer. I have already received form letter # XXXXX indicating that my debts have been discharged.