I'm literally fighting for my existence in this bankruptcy situation. A Chap.7 was filed when it should not have been due to the 1st. attorney deliberately lying to me and deliberately withholding a state law that took precedence over the federal law of transferring property to a relative. If I had known about this law I would never have filed any kind of bankpurtcy. It is important to state I knew NOTHING about bankruptcy at all so depended on this guys' truthfullness and honesty. That was a mistake.

Little by little I have been learning. It will be a year on June 30 that I have been trying to defend this action of a trustee trying to take the property, sell it to pay creditors, and make me totally homeless. Problem.
On June 25, 2007, due to being diagnosed with CHF (Congestive Heart Failure, implanted with a Pacemaker/Defibrillator, and told I was subject to Sudden Death). I had lost my job, no life insurance, and knowing I could drop dead I needed to have my son take my house, sell it, and pay final expenses. I quit claimed the house to him on the above date BUT with a Bill of Sale that dictated the terms we were agreeable to. He did not buy the house from me under the normal buyer/sell real estate dealss. Then, I found where I would lose my homestead interest plus my real estate taxes would escalate to about triple if I deeded the house in my sons name, so he deeded it back to me on July 25, 2007 and I put the house in both of our names which was fine with the city, I receive my homestead and reduced real estates. I became ill so I forgot to record the deed change until I found it when going through papers, took it to the city Recorder of Deeds and they agreed it was a valid deed it just needed to be recorded to make it a part of public records. All of this took place over a period of 30 days.

At the 341 Hearing the trustee asked if I had property and I said that I had transferred the house to my son because of illness. That was all I was allowed to say but the attorney was there and he knew the circumstances but said nothing. The trustee immediately stated after I had left the hearing that it was a 'fraudulent transfer' but the transfer had taken place over two years prior to my filing bankruptcy.

I have a new attorney, and a new trustee. The Bill of Sale I have states I can live in the house until I die or decide to move. That in most everyone's opinion, gives me a Life Estate in the house. The new trustee refuses to accept the second deed as valid because it was not 'recorded' until March 2010 but the city and county recorders office states it IS and the title company gave me title insurance stating it is. I filed a Schedule B and C (amended) to list the house as a Life Estate and exempted the property. Now, the trustee has filed an Objection to Debtors Claim of Exemption. I'm trying to save attorney fees because I have no more money, so want to know what czn I file in order to combat her statements. She lists as her argument the deed as listed under the first transfer to my son only, not the second. She denies it even exists but she is incorrect. So, she is asking for an Order to deny my exemption. HELP!!! Believe it or not, I'm an unemployed legal secretary but never delved into bankruptcy and knew nothing about it, but I'm learning fast and hard.