Charles Elgin
12-12-2003, 06:57 AM
I live in Alabama, I filed chapter 7 bankruptcy 2 yrs ago. my debts were
discharged after everything I had worth more than $5,000 was taken. the
only thing I have now is my house and the trustee lawyer has waited 2
yrs to decide my house has to go also.
I cannot obtain a loan unless it is at a very high interest rate. The
trustee has put the house on the market and the most he will clear is
$20K. I have been abandoned by my lawyers as they are paid and I am
lucky if they return my call after two weeks. I lost my business after
9/11 and had to take a very low paying job, I had personal debts that I
have been paying as best I can, I did not list them on my debts as they
were friends and family and they have been patient with me paying what I
could.
Can I go back now and list them as debts that will be paid from the
proceeds of the house? Is there any way that I can prevent the house
from being sold? Can I file chapter 13 or 11 or would that open a whole
new list of problems. Any suggestions would be greatly appreciated.
Sounds strange that they would attempt to liquidate the house AFTER
discharge. Something doesn't sound right here. Your attorney is obligated
to help you with this. If he/she doesn't, then I think a complaint to the
local bar association is in order.
J.
Charles Elgin wrote:
I live in Alabama, I filed chapter 7 bankruptcy 2 yrs ago. my debts were discharged after everything I had worth more than $5,000 was taken. the only thing I have now is my house and the trustee lawyer has waited 2 yrs to decide my house has to go also. I cannot obtain a loan unless it is at a very high interest rate. The trustee has put the house on the market and the most he will clear is $20K. I have been abandoned by my lawyers as they are paid and I am lucky if they return my call after two weeks. I lost my business after 9/11 and had to take a very low paying job, I had personal debts that I have been paying as best I can, I did not list them on my debts as they were friends and family and they have been patient with me paying what I could. Can I go back now and list them as debts that will be paid from the proceeds of the house? Is there any way that I can prevent the house from being sold? Can I file chapter 13 or 11 or would that open a whole new list of problems. Any suggestions would be greatly appreciated.
Brett Weiss
12-12-2003, 01:44 PM
You may want to consider a Chapter 13 at this point, but you need to discuss
the matter with an attorney (preferably, someone different from the person
who represented you in your Chapter 7!)
--
Brett
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The Small Print: This response is for discussion purposes only. It isn't
meant to be legal advice and you shouldn't treat it as such. If you want
legal advice, speak with a local lawyer familiar with your state's laws who
can review *all* of the facts and the law applicable to your situation.
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"Charles Elgin" <charsin003@webtv.net> wrote in message
news:29874-3FD9D73C-18@storefull-2214.public.lawson.webtv.net... I live in Alabama, I filed chapter 7 bankruptcy 2 yrs ago. my debts were discharged after everything I had worth more than $5,000 was taken. the only thing I have now is my house and the trustee lawyer has waited 2 yrs to decide my house has to go also. I cannot obtain a loan unless it is at a very high interest rate. The trustee has put the house on the market and the most he will clear is $20K. I have been abandoned by my lawyers as they are paid and I am lucky if they return my call after two weeks. I lost my business after 9/11 and had to take a very low paying job, I had personal debts that I have been paying as best I can, I did not list them on my debts as they were friends and family and they have been patient with me paying what I could. Can I go back now and list them as debts that will be paid from the proceeds of the house? Is there any way that I can prevent the house from being sold? Can I file chapter 13 or 11 or would that open a whole new list of problems. Any suggestions would be greatly appreciated.