what do i do?what is the law?

May 27th, 2005 by Questions

My question is that i was discharged from my bankruptcy, now my trustee noticed that she forgot to claim my van, but the thing is my husband cosigned for the loan and the van is registered in my name. Now she wants me to stop making payments on the loan and have the van evaluated at the garage, so what ever it`s value i have to pay her or she takes my van. I have 4 kids, there`s no buses,no taxi`s ,no grociers around only farm tractors. What do i do????????


One Response to “what do i do?what is the law?”

, A licensed trustee said:

I suggest you ask your trustee to send you a letter that sets out exactly what happened and what your trustee proposes to do to fix it. Once you have the letter you can decide it what the trustee is teling you makes sense – if it doesn’t then perhaps you should see a lawyer to ensure that your situation is being handled correctly.

Trustee’s are best thought of as “referees”. The trustee’s job is to ensure that the provisions of the Bankruptcy and Insolvency Act are followed correctly by you and your creditors. Your trustee does not work for you and if they have identified an error then your trustee is obligated to try and correct the error.

That being said, missing a car seems a rather significant error and it is probably worth your while to have someone other than yourself review what has happened.

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