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PaperclipPerfector  27d ago (text post)   2697 thread views

Friday Fun Thread for March 7, 2025

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The plaintiff is the trustee for the bankrupt borrower, meaning the debtor is not directing the action. The trustee’s job is to find every avenue of relief permissible under the law.

Gotcha, I didn't catch that detail. I thought that this was a case where the borrower himself was claiming his residence was different once he was in bankruptcy court.

I would also clarify that the upshot here isn't that the debtor gets to keep the truck. For the sake of argument, let's assume that sale of the truck will recover $50,000 after fees, which amount is exactly the same as the lien Creditor A claims against it. This is the only property of the estate available for distribution. Let's also assume that the debtor has $100,000 in total debt, and that the other $50,000 is from an unsecured loan from Creditor B. This is a straight Chapter 7 liquidation. If Creditor A's lien is valid, then Creditor a gets the full $50,000 proceeds and Creditor B gets nothing. Since the court ruled the lien was invalid, there's now $50,000 to be split between two unsecured creditors, and each would get $25,000.

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