Old Bridge, NJ Bankruptcy Law Firms & Lawyers

If your case was a "no asset" bankruptcy, meaning that no money was taken & distributed to your creditors, the unlisted creditors are considered to be included in your bankruptcy under the case "In Re Beezely." Send the creditors a copy of your bankruptcy discharge & they ought to leave you alone.

You are only entitled to exempt one vehicle per debtor in Chapter 7 bankruptcy. It will be up to the trustee whether he chooses to abandon the other vehicle or try to sell it to distribute the proceeds to the creditors. This will likely depend on the value of the vehicle.

You need to provide information about your car and insurance or your husband's case may get dismissed. A debtor has a duty to cooperate under Bankruptcy law. The short explanation is that all assets are community assets in California unless they fit in the few "separate asset" categories and trustees investigate whether or not something is a separate asset by asking for such information. A more cynical view is that the trustee is trying to get you upset so you stop cooperating so he can then shake down your husband for some asset on the basis that he is not cooperating. Please remember that the trustee is not a debtor's friend. He or she is, in fact, a debtor's "enemy". S/he represents the creditors as a whole and you wouldn't expect someone who represents your opponents to be friendly toward you - he needs to be civil and courteous but not favorable toward the debtor. You should be aware also that the trustees' only compensation may only be the small percentage they get from whatever they recover from the debtors; so, the trustees do what they do for their own livelihood and the system was set up that way on purpose I suppose the view from the people who framed the system is that public servants would not be as relentless as they need to be to maximize what creditors get while letting the honest and cooperative debtors get their debts discharged. The person who is objective in a bankruptcy case is supposed to be the judge. Trustees are not judges. Many debtors confuse them with judges because of the formal setting in which they conduct the meetings of creditors, but the judge is in his or her chambers often in a completely different building (such as in both bankruptcy courts in Los Angeles). My advice would be for you to provide the information and move on. It's relatively painless and it will not otherwise affect you once you are done providing the information.