Need good legal advise

This is a discussion on Need good legal advise within the Consumer Bankruptcy forum, part of the BANKRUPTCY & DEBT COLLECTIONS category; My spouse had to file chapter 13 bankruptcy last year, when submitted all of our asset information. We have vehicles ...

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Old Jun 12th, 2009, 01:58 PM   #1
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Angry Need good legal advise

My spouse had to file chapter 13 bankruptcy last year, when submitted all of our asset information. We have vehicles that are titled in both names. It was explained that since he is filing he would only claim 50% of those vehicles since both names were on the title and worded as follows -----white or ----- white. Well when we looked over the petition we noticed that they were making him claim 100% of those vehicle assets that were title by both of us. Needless to say we ask that this be corrected and they sent us an email assuring us that it would be handled. Well the attorney called my husband and fed him some line and he had to claim the total amounts. Well in december he got laid off and I had to file bankruptcy on my debts(this is a second marriage and all debts were seperate). Well I have a good attorney and when we took the information on assets he immediately told me that those vehicles will only be 50% of the appraised value which was great! Had my 341 meeting in Orlando FL. The trustee went over everything and when it came to the vehicles the first thing he ask was how are they titled and I told him and he said right there 50% of valued asset can be claimed! Now why was this not done for my husbands chapter 13. His attorney will not budge at all and amend this can we ask the trustee to amend this? We are to the point we are going to ask that it be dismissed. The payments were 648 amonth to the trustee and got it lowered to 548. but it is killing us and we need to pay for braces for our oldest daughter and cant afford it. Please send any advice. What makes us the mades is the email from his office explaing they will adjust the values asset on the cars and then refused to!
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Old Jun 13th, 2009, 09:46 AM   #2
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Default Re: Need good legal advise

[Needless to say we ask that this be corrected and they sent us an email assuring us that it would be handled. ]


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