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Non-exempt equity for vehicle in anticipation of filing chapter 7

Los Angeles, CA |

I'm just wondering if all exemptions have been exhausted, and there is a small portion of the auto that cannot be exempted ($2500-3000), will the trustee usually go after this amount in most cases ?

Attorney Answers 7

Posted

That will depend on who your Trustee is and the level of his/her greed. Don't forget to value the vehicle at its fire sale net liquidation value.

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8 comments

Asker

Posted

Hi Attorney, Brian, With..."Don't forget to value the vehicle at its fire sale net liquidation value..." Are you referring to the 'lowest' price point ?

Brian Crozier Whitaker

Brian Crozier Whitaker

Posted

yep ... don't forget to deduct costs of sale

Asker

Posted

Ok, got it !! Will the trustee take away the vehicle at the creditors meeting then if the trustee decides to pursue ?

Brian Crozier Whitaker

Brian Crozier Whitaker

Posted

Not necessarily ... how would you get home?

Asker

Posted

I always like your answer...!!! Seriously !!

Asker

Posted

Can you kindly elaborate on what is the typical run if the trustee decide to pursue the vehicle ?

Brian Crozier Whitaker

Brian Crozier Whitaker

Posted

He will likely tell you that he will be sending someone to pick up the car. At that point you are free to negotiate with him to "buy out your equity", ie., offer him something close to what he will net to pay creditors. If you can settle on a figure, you can keep the car.

Diane L Gruber

Diane L Gruber

Posted

Most trustee would rather get cash from you than go to the trouble of actually taking and sellilng your car.

Posted

In the District of Oregon the trustee would. In your district, not sure. Discuss with bankruptcy attorney.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

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Posted

That varies a lot from jurisdiction to jurisdiction. Please consult an experienced bankruptcy attorney in your area.

The answers to these questions may be different depending on your individual circumstance and should not be considered as legal advice or the establishment of an attorney-client relationship.

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Posted

Get an appraisal from an auto liquidator, you may be reassured.

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Posted

In my district it depends entirely on the Trustee. Many times the Trustee will threaten to liquidate the vehicle in an effort to extract a cash settlement. Keep in mind that a Trustee's compensation is very minimal, and they receive a percentage of all assets they recover for creditors, so, there is financial incentive for the Trustee to liquidate the asset, or get you to pay up to keep the asset.

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Posted

The Chapter 7 Trustee has a duty to liquidate non-exempt assets for the benefit of the bankruptcy estate's creditors. However, that does not mean that the Trustee will liquidate an asset with minimal equity just because he/she has the ability to do so. Costs of the administration, which include the cost to sell the asset, are part of a Trustee's analysis when determining whether it is cost prohibitive or effective to liquidate property. The Bankruptcy Code, Rules, and/or Chapter 7 Trustee guidelines do not mandate a minimum/maximum threshold for the sale of assets.

There is no general rule and each Trustee handles administration of their cases differently. I always advise my clients that there is no guarantee that a Trustee will not liquidate an asset even with a small amount of equity. However in my experience, most Trustees are willing to negotiate a buy back of the estate's interest from the Debtor, if they have the ability to do so , before liquidating the and incurring additional fees associated with a broker/auctioneer sale of a vehicle.

This is why it is always important to prioritize your goals for a bankruptcy filing and advise your attorney what they are. The Attorney will then be able to educate you on the best way to protect your assets.

The material on this website is for informational purposes only and is not intended to be legal advice or a substitute for legal advice with regard to any particular situation or legal proceeding. You should not rely upon any of the information contained in this website without first seeking professional legal counsel from a licensed attorney concerning your particular circumstances or case. Pagter and Miller may be considered a debt relief agency that helps people file for bankruptcy relief under the Bankruptcy Code. The transmission and/or receipt of any information on this website will not create or constitute an attorney-client relationship. Likewise, any communication sent to Pagter and Miller via e-mail will not, in and of itself, create an attorney-client relationship. In order for an attorney-client relationship to be created with Pagter and Miller, a formal retainer agreement must be signed by you and Pagter and Miller.

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Posted

Yes, as long as the Trustee can make a meaningful distribution to your unsecured creditors.

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