Legal Question in Bankruptcy in Georgia

Chapter 7 trustee not reponding

I filed chapter 7 and had a vehicle that i stilled owed money on and I continued to pay it off, it was listed in my original filed papers as exempt.

I received a letter from the trustee about 3 weeks after the vehicle was paid off saying that i had too much equity in it so they demanded that I hand it over.

I called and called and left many messages at the trustees office, I finally faxed them the location of the vehicle, it was not working and I had it at a local repair shop. I still didn't hear anything.

My case has since been discharged and there was a final day for a govenrment unit to file a claim. This date has also come and gone.

What am I supposed to do now?

The trustee has not responded , even though I have tried and tried to contact her.

Do I have the right to keep my car now since all my paperwork lists it as exempt? Can she still come after it whenever she feels like doing a days work? No one has been able to tell me. Please help


Asked on 8/18/07, 11:59 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Chapter 7 trustee not reponding

It sounds like you did this bankruptcy without a lawyer, and obviously did not bother to study even basic procedure. The results of that are predictable and disasterous.

A discharge has nothing to with exemptions, and your claim of exemptions, if challenged by the trustee, can be litigated until the case is closed, which can be well after a discharge. The bar date for claims is also irrelevant to the question. If you planned to be your own lawyer, it was important for you to learn those basics.

In Georgia you can exempt up to $3500 in a vehicle. If your vehicle is worth more, expect the Trustee to attempt a sale.

Had you done your case with counsel, this was avoidable. A lawyer would have either (1) documented value early and avoided this, or (2) if a vehicle was non-exemptable, helped you negotiate a buy-out with the trustee, or (3) at least prepared you for the problem.

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Answered on 8/19/07, 12:43 am


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