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BK Trustee wnt's home back Help Freind will be homeless Washington

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  • BK Trustee wnt's home back Help Freind will be homeless Washington

    Can any one help answer this. My friend sold her home because she had no money to live on. She was receiving payment from buyer @ $500.00 Per month She was living from friend to friend. She then got SSI. She had Heart Attack Hospital bills ect. She then filed for BK. She informed the Trustee & atty of all of her income. Including the $500. per mo. Later the Buyer of home paid her off. She then Bought a large RV 5th Wheel to live in with the money from the sale of her home. Is their a time frame from the time she sold home got paid off and bought something to live in?
    She has now been informed that the BK Court wants her to pay $20,000. They say she is not allowed to Purchase anything till she pays to $20,000. They told her they are going to take her 5th wheel now. Origional amt of BK was $12,000.00 They have added $8000.00 in interest. Her income is about $800.00 per month. She can not get bank loan. She will be homeless. BK in Washington State. Is their anything she can do? She asked the Bk to hold off for awhile till she can find something else or place to live. They would not answer her. Thank You For any help
    Irish Gurl

  • #2
    When did she sell her home?
    When did she buy the RV?
    When did she file for bankruptcy? (assume Chapter 7)?
    Had the bankruptcy been discharged - if so, when?

    Thanks.

    (You have to be very careful of the time frames when selling/buying an asset & receiving money/assets & giving away money/assets & bankruptcy is involved. The bankruptcy trustee or her bankruptcy attorney has to be informed. The RV would be an asset. The bankruptcy court may very well be in the right here - probably are.)

    Does she have a bankruptcy attorney she can talk to?
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Bankruptcy help Question 4 Betty

      Betty,
      Thank You for your reply. My friend sold her home and received payments from purchaser. 500. per mo. She became ill and ended up in hospital. Had a lot of medical bills she could not pay. Heart attack thing
      Months later she filed Bk in Washington State. She informed BK court about 500. mo income (her only income) The atty told her she could keep her money from the sale of home. Only receiving 500. per mo. she then started to receive SSD (social security disability). The person she sold home to some how paid her off 1 year later. She then purchased a 5th wheel to live in. Mind you she was living in her car from the time she sold home till she was paid off. She would go from friend to friend to visit. So she would have place to sleep. She purchased the 5th wheel last year in Jan or Feb of 2008. Paid cash. That left her with something to live in. She has only SSD income of 1000. per mo. Space rent for 5th wheel 475. per mo. If she had known she was obligated to pay the 12,000. back if she was paid off from house she would have. Mind you the atty told her she could keep the money from her home. She told me they have tacked on 8,000. in interest. So the amount owing is now 20,000.
      She received a letter dated Dec 29 from the atty who handled her BK. telling about owing 20,000. to BK court. This was a total SHOCK to her. She will once again be homeless. Her husband passed away about 4 years ago She has had nothing but BAD luck. Is their a way she can get the Bk court to accept payments from her? Or is she Screwed.
      I thought about buying her debt from the creditors for hopefully pennies on the dollar. I do not know what the other 8,000. is for, She said interest? 8,000. sounds like a lot of interest. Could this interest be forgiven? or frozen? Could this be charges from the BK trustee?? Paper work ect? Could this be negoiated? Can she amend her BK some how?
      She paid something like 50,000. for the 5th wheel. Had it delivered to AZ. She was in phoenix AZ move to Quartzite, AZ end of Dec 2008. She found a place to stay for 1,000. Per year. She has no credit to even get a loan.
      How do I found out what she owes and to who she owes money (creditor's)
      Do you think the trustee has told these people that they are taking her 5th wheel, selling it and paying them off. Or would trustee wait and see what they get and then divide the money? Do you think she could re-negoiate with BK court? to make payments to them? I can not lend any money or even get a loan to help. I could buy her debit from creditors. I could manage that I think. I have never filed for BK so do not know much about it.Tried to get her to tell me who creditor were but she can not remember. She can not find paper work. Do you think her atty would talk to me. Would I need her permission to talk to her atty?
      Any ideas you might have will be welcome.
      Just trying to help a friend
      Thank You
      Irish Gurl in Montana

      Comment


      • #4
        So long as she has NOT been ordered by the court that she can not sell the fifth then you buy it from her for what ever you can afford to pay. Put it in your name and let her continue to live in it. They can't take it from her and sell it if she doesn't own it.
        Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

        Comment


        • #5
          The bankruptcy attorney needs to get involved here to answer your questions & let you know what all options there might be. I wouldn't have her sell the 5th wheel before talking to the bk attorney.
          Last edited by Betty3; 02-05-2009, 10:23 AM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            BK friend homeless

            Betty & Kick Me,
            Thank You for your help. Friend sold home on contract June of 07 She went to court Dec 4 07 Atty told her she was done. Man who bought home paid off contract on Dec 27 07. She then took money from pay off and purchased 5th wheel in Jan 08 to live in. When she filed Bk she made a full disclosure that she was receiving money from the sale of her home on a contract. It's in Black & White. If this money should have been used to pay off creditors then I would think the court would have made her sell the contract and pay off creditors? I would also think her atty would have told her if the contract is paid off you will need to pay off creditors. None of this has happened. I went to a site called pacer you can get BK filing's on line. I came across a paper that the Bk trustee filed.
            Oct 2008 It say's
            That it appears to the trustee that the debtor took property of the estate the was not disclosed in her Bk schedules and purchased a 2007 or 2008 34' - 38' 5th wheel trailer which is located at [email protected]#@!#$$. The trustee viewed the trailer, talked to the neighbors, talked to debtor, and took pictures of it at it's present location.Oct of 08. (trustee went to AZ & took pictures)

            Friend called atty asked what was going on he told her not to worry They could not take her 5th wheel. Mind you after the Dec 4th date he was no longer her atty. He was just doing a favor for her. buy answering her questions. No Charge to her.

            Next item
            trustee is commencing an adversary proceeding against debtor to recover property of estate & restraining order
            Next item
            Debtor's counsel & trustee have agreed the the debtor should be restrained from removing the trailer from it's present location or from encumbering or disposing of trailer, That debtors counsel will approve an order to that effect in addition Counsel will inform debtor that she needs to name trustee as additional insured.
            Dated Nov 14
            Friend had no knowledge of anything taking place between her atty & trustee. Atty made arrangement's she knew nothing about. In the mean time friend moved to a cheep place to live. She dose not here anything till Feb 3 09 She get's a letter from atty stating she could not move & she needed to name trustee as additional insured. The letter she received is dated Dec 29 08. It's a restraining order from BK trustee. Atty must have had it on his desk for some time. You would think atty would have picked up phone and called her.
            She has called her atty to see what could be done. He told her he was no longer representing her. Fine someone else. She is in AZ has no money to go to WA. Has called different Atty's and no one wants to work for her.
            Should she file something to get them to hold off till she can get to WA?
            Mind you the trustee said ( it appears) she took property from the estate. Also their are no number's code's titles mentioned to refer to pertaining to any laws regarding BK.
            Sorry to make this so long
            Thank You for your help
            Irish Gurl in MT

            Comment


            • #7
              "If" there is anything she can do, I believe she is going to need the help of a lawyer to do it. It can get involved when you buy something "big" & you're going through a bankruptcy.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                BK Friend Has ATTY YES @ LAST

                MY Son found an Atty for friend. Would you ever guess, She can SUE her ATTY, BK Trustee & JUDGE> They screwed her BK up. #1 ATTY filed it wrong.#2 Bk Trustee Did not act in time to file for creditors. #3 Judge Dismissed it.
                Will fill you in on out come later
                Right now ATTY that filed has to pay her Bk in full. Plus pay her for damages. BK Trustee is getting fined & Judge WELLL WHO know what will happen their.
                Later
                Irish Gurl in Montana

                Comment


                • #9
                  Thank you for the up-date.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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