The AP Filed Was Dismissed, They Now are Taking to Civ Ct
Any insight would be very helpful. This as the Forum remembers, this has been an a journey, but last Thurday the Judge in the AP filed against us dismissed the case because of failing to meet filing time limits. Here is a short insight to what this case is about. The creditor has made overtures that they will now move on to the Calif Civil Court on the same basis and I want to know if we will be able to use the ruling of the BK court to protect us. Here is the circumstances in short order without getting to runny with my mouth.
my wife and I bought a home in the PS california area for her mother to live her life out with. This home was bought from the estate of her late husband when he passed away so that she would have something to leave her children when she passed. My wife and I bought the home as she had no money to do so. This at the time was the best way to go, as her spouse's children only wanted to give her a life estate since the home was fully paid for when they married. We negotiated this and bought the home from them for what the home was worth when they married.
One of the brothers stayed with mom during her final 4 years then she passed. At that time I discussed with him that the home was to be sold and the proceeds to be split between the 3 children. Then he dug in and refused to allow a sale and started filing lawsuits for Larcenay, elder abuse, not protecting and adhearing to fidiceary duty etc. We even went before a mediater on this case and all agreed to a $$ amount that this brother was to pay the other 2 sibilings to retain full ownership of the home assuming he wanted keep it for himself. The next day he refused to sign the agreement and filed a petition with the probate court to become administrator of her estate, but it was denied at that time because of concerns of his moral core.
In the meantime, the economy tanked and my wife and I could not afford to continue to make payments on the 2nd we took out on that home 2 years prior, and we were forced to file a Chap 7 BK. This is what all these trumped up carges are about, and they claim that we had no right to take out this 2nd mortage, thus embezzeled from the estate. The deed on the home is in my wifes and my names only, and they are claiming that this home was going to be put into trust for her, but that her mental state would not allow it, so it never happened, so part of the charges was to have this home be put into a trust.
My BK was commenced on 7-24-09 and this brother was noticed as a creditor because of the home, but he was not appointed as administrator until 9-6-09, but before the 10-24-09 objection timeline.
His objection was not filed until 12-21-09 and his reasons were that the Estate was not noticed. The BK Judge in the dismissal of this case cited that although the Estate was not noticed, the party that was appointed as administrator was(brother) and it was their duty to object within the time frame by 10-24-09. Thus the case (AP) was dismissed. Also noted by the Judge was that the Representive for the Estate compromised with the Trustee to avoid litigation on wether this home belonged in a Construtive trust, the Trustee sold my wifes interest in the property to the Estate for $3000, which consisted of all liens and encumbrances etc, to avoid the cost of litigation.
My question is this and all input is very much appreciated......If they now file an action in California (which they will) as they are trying to do a "Legal Theft" can I "hide" behind this AP Ruling (dismissed) and his agreement and bought the rights of my wifes equity from the Trustee?
Any insight will be helpful as this is very nerve wracking.
BooBoo
my wife and I bought a home in the PS california area for her mother to live her life out with. This home was bought from the estate of her late husband when he passed away so that she would have something to leave her children when she passed. My wife and I bought the home as she had no money to do so. This at the time was the best way to go, as her spouse's children only wanted to give her a life estate since the home was fully paid for when they married. We negotiated this and bought the home from them for what the home was worth when they married.
One of the brothers stayed with mom during her final 4 years then she passed. At that time I discussed with him that the home was to be sold and the proceeds to be split between the 3 children. Then he dug in and refused to allow a sale and started filing lawsuits for Larcenay, elder abuse, not protecting and adhearing to fidiceary duty etc. We even went before a mediater on this case and all agreed to a $$ amount that this brother was to pay the other 2 sibilings to retain full ownership of the home assuming he wanted keep it for himself. The next day he refused to sign the agreement and filed a petition with the probate court to become administrator of her estate, but it was denied at that time because of concerns of his moral core.
In the meantime, the economy tanked and my wife and I could not afford to continue to make payments on the 2nd we took out on that home 2 years prior, and we were forced to file a Chap 7 BK. This is what all these trumped up carges are about, and they claim that we had no right to take out this 2nd mortage, thus embezzeled from the estate. The deed on the home is in my wifes and my names only, and they are claiming that this home was going to be put into trust for her, but that her mental state would not allow it, so it never happened, so part of the charges was to have this home be put into a trust.
My BK was commenced on 7-24-09 and this brother was noticed as a creditor because of the home, but he was not appointed as administrator until 9-6-09, but before the 10-24-09 objection timeline.
His objection was not filed until 12-21-09 and his reasons were that the Estate was not noticed. The BK Judge in the dismissal of this case cited that although the Estate was not noticed, the party that was appointed as administrator was(brother) and it was their duty to object within the time frame by 10-24-09. Thus the case (AP) was dismissed. Also noted by the Judge was that the Representive for the Estate compromised with the Trustee to avoid litigation on wether this home belonged in a Construtive trust, the Trustee sold my wifes interest in the property to the Estate for $3000, which consisted of all liens and encumbrances etc, to avoid the cost of litigation.
My question is this and all input is very much appreciated......If they now file an action in California (which they will) as they are trying to do a "Legal Theft" can I "hide" behind this AP Ruling (dismissed) and his agreement and bought the rights of my wifes equity from the Trustee?
Any insight will be helpful as this is very nerve wracking.
BooBoo
Closed November 2010
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