ch 13 debtor- selling car

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Kirk;
If the car was exempt, I'm not sure why she'd have to turn over the
funds to the Trustee. Or even if not exempt it may still not need to be
turned over if she's paying more than the nonexempt value of it.
I'm not sure about the need for a motion for sale. It seems like
overkill, but again, I'm not sure of the technicalities.
Steven B. Lever

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Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Chapter 13 debtor wants to sell her car, which loan is currently being paid
through the plan.
Can she sell it without the need for court permission, then turn over the
funds to the trustee and file a motion to modify plan?
If she needs court permission, would it be a motion to sell?
Thanks,
Kirk Brennan, esq.
California Law Office, P.C.
www.calibankruptcysite.com
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Chapter 13 debtor wants to sell her car, which loan is currently being paid through the plan.Can she sell it without the need for court permission, then turn over the funds to the trustee and file a motion to modify plan?
If she needs court permission, would it be a motion to sell?Thanks,-- Kirk Brennan, esq.California Law Office, P.C.www.calibankruptcysite.com
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.

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