Author Topic: Motion to compel turnover of property - Question  (Read 606 times)

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ArtsyFreya

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Motion to compel turnover of property - Question
« on: July 29, 2017 09:02:39 PM »
So I curious if anyone can answer this for me...

I'm currently living with my parents after a really nasty divorce, I have some of my belongings in this house that belong to me. My parents had to have an appraiser come to the house to look at all the belongings they had and my dad explained everything that belongs to me yet the appraiser goes and writes down the model number and everything of my TV and everything. This item belongs to me, bought and paid for it years ago and no longer have real proof its mine but its in my room here at the house.  I did however, include it on my bankruptcy as exempted property when I went through my bankruptcy 2 years ago...but it was just labeled 'tv' on my bankruptcy report

should I be worried? Will my parents have to pay for it?

Flyingifr

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Re: Motion to compel turnover of property - Question
« Reply #1 on: July 30, 2017 01:24:26 AM »
I am unclear what the appraiser is looking at and why.

Is it the appraiser inventorying your personal assets for property division as a part of the divorce, or is dad involved in some legal issues of his own? Just who sent the appraiser?
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

ArtsyFreya

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Re: Motion to compel turnover of property - Question
« Reply #2 on: July 30, 2017 01:33:48 AM »
I'm the daughter....I went through a divorce several years ago so I had to move in with my parents and go through a bankruptcy 2 years ago

my parents are not getting divorced...they are going through a bankruptcy of their own and their trustee sent out an appraiser because he believed the items on my parent's list of assets wasn't accurate when they filed.

The appraiser was sent out to the house to find out what my parent's belongings were and what he believed their value to be
« Last Edit: July 30, 2017 01:39:15 AM by ArtsyFreya »

despritfreya

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Re: Motion to compel turnover of property - Question
« Reply #3 on: July 30, 2017 05:05:38 AM »
If the property is yours then there is no issue.  If you no longer have receipts for the items and an issue pops up a sworn affidavit as to your ownership should suffice.  In all likelihood your parents' trustee will simple take your word for it and move on.  Bottom line. . . Until someone questions who owns what don't lose sleep over it.

Des.

ArtsyFreya

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Re: Motion to compel turnover of property - Question
« Reply #4 on: July 30, 2017 05:16:51 AM »
I'm also worried for my parents because on this paper it talks about household goods, checking/savings account, and their vehicle

I don't want them to lose their belongings they barely have anything honestly...however since we are also giving up the house we are supposed to be awarded a 10,000 exemption credit towards our estate that technically was supposed to allow us no issues with keeping the car (this is what the lawyer said)

my dad's lawyer also said they can't touch their income because they are paid by social security and its government funded, so that can't be touched period..so why are they going after my parents bank account?

the adjuster even wrote a letter to the trustee and was like ' I don't believe that this guy was completely truthful while going through the belongings in his house' which is completely frustrating because when my grandmother passed she left me furniture and stuff that my dad told the adjuster is mine but its scattered throughout the house because I went through a bankruptcy myself 2 years ago and surrendered my house....so I brought the furniture to my parents house with my stuff and put it where it would fit.

My dad is losing health over getting his vehicle taken as well, even though our lawyer said the credit given to us would cover that and allow us to keep it...my parents have already received their discharge papers so this is just frustrating....


Admin0248

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Re: Motion to compel turnover of property - Question
« Reply #5 on: July 30, 2017 03:33:40 PM »
I'm also worried for my parents because on this paper it talks about household goods, checking/savings account, and their vehicle

I don't want them to lose their belongings they barely have anything honestly...however since we are also giving up the house we are supposed to be awarded a 10,000 exemption credit towards our estate that technically was supposed to allow us no issues with keeping the car (this is what the lawyer said)

my dad's lawyer also said they can't touch their income because they are paid by social security and its government funded, so that can't be touched period..so why are they going after my parents bank account?

the adjuster even wrote a letter to the trustee and was like ' I don't believe that this guy was completely truthful while going through the belongings in his house' which is completely frustrating because when my grandmother passed she left me furniture and stuff that my dad told the adjuster is mine but its scattered throughout the house because I went through a bankruptcy myself 2 years ago and surrendered my house....so I brought the furniture to my parents house with my stuff and put it where it would fit.

My dad is losing health over getting his vehicle taken as well, even though our lawyer said the credit given to us would cover that and allow us to keep it...my parents have already received their discharge papers so this is just frustrating....




Please use proper capitalization and punctuation in your posts.  Good writing skills are important in communication, especially in matters that involve the law.  Posting from a cell phone or other mobile device is no excuse for failing to capitalize words as appropriate or to belabor the reader with rambling, run-on sentences.  Using proper written English is also a requirement of our Terms of Service.

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Flyingifr

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Re: Motion to compel turnover of property - Question
« Reply #6 on: July 30, 2017 05:48:00 PM »
I'm the daughter....I went through a divorce several years ago so I had to move in with my parents and go through a bankruptcy 2 years ago

my parents are not getting divorced...they are going through a bankruptcy of their own and their trustee sent out an appraiser because he believed the items on my parent's list of assets wasn't accurate when they filed.

The appraiser was sent out to the house to find out what my parent's belongings were and what he believed their value to be

You are an adult. The second the appraiser looks at something of yours all you need to say is "that's mine, not theirs" and the appraiser should immediately lose interest in that item. The appraiser was sent because the Trustee believes some items may have been under-valued.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

ArtsyFreya

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Re: Motion to compel turnover of property - Question
« Reply #7 on: July 30, 2017 05:55:29 PM »
You are an adult. The second the appraiser looks at something of yours all you need to say is "that's mine, not theirs" and the appraiser should immediately lose interest in that item. The appraiser was sent because the Trustee believes some items may have been under-valued.

Yes, this is true. Although I was not home on the day of the appraisal because I was at work. I was told there would be no reason for me to be at the house during this time as my father would inform the appraiser of what belongs to me and what belongs to them.

CleaningUp

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Re: Motion to compel turnover of property - Question
« Reply #8 on: July 30, 2017 11:46:47 PM »
If the OP is concern about her stuff being co-mingled with her parents belongings, she might be well advised to make a complete inventory of that in the house that belongs to her...including serial numbers.  I might even send that inventory to the appraiser along with an affidavit attesting to ownership.  At least she'll have a good starting point to contest any ceasure of her property.

Are we correct in making the assumption that this is a Chapter 7 bankruptcy?  If it is, and they order the household goods sold, OP's stuff could get caught up in the mess.?

One point which FlyingIFR might be able to comment on is whether or not such appraisals value most used household belongings, including electronic equipment, as having no commercial value?

Flyingifr

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Re: Motion to compel turnover of property - Question
« Reply #9 on: July 31, 2017 01:55:32 AM »
If the OP is concern about her stuff being co-mingled with her parents belongings, she might be well advised to make a complete inventory of that in the house that belongs to her...including serial numbers.  I might even send that inventory to the appraiser along with an affidavit attesting to ownership.  At least she'll have a good starting point to contest any ceasure of her property.

Are we correct in making the assumption that this is a Chapter 7 bankruptcy?  If it is, and they order the household goods sold, OP's stuff could get caught up in the mess.?

One point which FlyingIFR might be able to comment on is whether or not such appraisals value most used household belongings, including electronic equipment, as having no commercial value?

What is used household stuff worth? Go to a Yard Sale and see, then subtract a couple of hundred dollars for the fees charged by the trucking company to move the stuff to a warehouse who charges a fee by the day for the stuff while the auctioneer schedules the auction. At the auction the auctioneer will charge a fee, often 10% of what the stuff sells for. None of these people will work for free. Is it possible that if the appraiser is too high on the estimate of value that the stuff will sell at a price that doesn't even pay the fees? Yes, and it happens more often than most people know. Who gets to write checks to make up the difference? I don't know, but it isn't the bankrupt debtor whose stuff was sold.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

CleaningUp

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Re: Motion to compel turnover of property - Question
« Reply #10 on: July 31, 2017 02:21:26 AM »
You haven't been to auctions recently, Steve.   Buyer's premium is up to 18.5% in the better quality auctions.

ArtsyFreya

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Re: Motion to compel turnover of property - Question
« Reply #11 on: July 31, 2017 02:24:19 AM »
I have been informed by a lawyer that all we need to do is submit an itemized list to keep all of this straightened out and that they have no legal standings to take my belongings so I feel better.

despritfreya

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Re: Motion to compel turnover of property - Question
« Reply #12 on: July 31, 2017 01:30:42 PM »
I have been informed by a lawyer that all we need to do is submit an itemized list to keep all of this straightened out and that they have no legal standings to take my belongings

No surprise there.  Told you not to lose sleep.  Just not a big deal.

Des.

Flyingifr

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Re: Motion to compel turnover of property - Question
« Reply #13 on: July 31, 2017 04:16:23 PM »
You haven't been to auctions recently, Steve.   Buyer's premium is up to 18.5% in the better quality auctions.

Selling normal household goods hardly qualifies as "better quality" goods.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Debtors Exams are the perfect place for us Senior Citizens to show off our recently acquired Alzheimers.

Founder of the Credit Terrorist Training Camp (Debtorboards)

 

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