If it weren't for bad luck.....

[CoBelle]

Well...just got home. Been a long day. It's ok, not great but ok.
No, JB...I didn' t think I could file both; I was hoping that I could file the Notice with the 7 attached to it as 'in the alternative'. But I'm sure glad I had it ready because it was the filing of last resort.

I went back to the court house @ 3. They don't take new filings after 4 altho they do let you file it from 4-6 and the next day it gets filed with the previous days date. I figured I'd kill time by putting my matrix on floppy disk (new rule). They have computers set up to do it and its fairly easy.

I'd made fast friends with the two gals who take new filings and they kept checking their computer to see if there was any action on the Notice and Motion. About 4 the judge ruled... that because of the dismissal on teh 20th he had no jurisdiction.
So f*+# them all, I went ahead and filed a new case. I'm not happy...if I had to go 7, it would have been much better to do a conversion, but not worth losing the house. So it was kinda caught between a rock and a hard place.

I was GOING to go to the library and do a quick Motion to Reinstate13 to convert to a 7 and file it that day so the 7 filing would appear LATER, but decided to just give it up.

So....while I've researched statutes and case law for 13s to death...I know nuttin bout no 7. JB...I of course had the Motion to Extend Stay all ready to go, but filed it with the Notice of Conversion as it was appropriate for both. Maybe the judge knows what I'm doing...but the two other things (motion to extend stay while waiting for a ruling on soon to be filed reconsider motion AND Notice of conversion were filed. Nada about the Extend STay....so is the judge 'holding ' that for the 7filing? When you said to file them together did you just mean the same day or to attach them somehow?

So...I have to think about what funds I have NOW and whether everything is exempt like it waswhen I filed the 13. Once again, I had no warning and just had to file 'what is'.

In trying to make lemonade out of sour lemons, I have my first 7 question:

The reason I can't be in 13 is because the ex convinced the court taht my very secured by Deed of Trust was unsecure. So does that mean that the whole amount of the loan is UNsecured? Or jsut the amount over the value of the property I'm buying?
Because if its the whole thing, then I think my ex might have screwed himself (Yippee)
When his liens get avoided... the DOT 'unsecured' will end up getting the majority of any money from liquidation.

SO...decided to hit my fav end of Denver day eating spot: soup or salad. Then hit the road. Friend who 's staying with me in my house this month calls and says " snow and ice and a big tree fell across the lower driveway" I say "call the Ranch snowplowers"
She does and he says: oh so sorry you're evicted!!!! SAy WHA? I decide to drive home and catch the last half of Dancing With the Stars. On the homestretch, a snowplow kicks up a big ice cookie and THUD....flat tire and bent wheel. (Shades of 'been down so long it looks like up to me') Call the tow truck , wait an hour, comes and tows me down the hilll , changesthe tire, jumps the battery and I pay hinm $200 (reimbursable by StateFarm) HOME AT LAST. Tired. Going to take a long hot bath and go to bed.

As Ms Scarlett is want to say: Tomorrow is another day....and I got me a new stay!

[justbroke]

If the property is now unsecured, I don't know how much of it you can protect with exemptions in your Chapter 7. Yes, your ex may have messed up, in that now... without exemptions... it could be sold by the Chapter 7 Trustee.

Sorry for all the issues today! I don't understand the Judge's ruling on the Motion to Vacate Dismissal and Convert. However, filing the Chapter 7 certainly brought the stay back. You would normally simultaneously file a Motion to Extend the Automatic Stay when you file the serial Chapter 7.

[tobee43]

nb....glad to SEE you here with CO!!!


co....i must tell you this thread is really such a "learning" expereince...sorry it's at your expense...

however, one cannot continue to be impressive with your fortitude and persistance....it so impressive, really.


i do and don't understand your feeling about the conversation....only because i don't have your entire numbers in front of me to look at....how much can one exempt in co???? i do believe it is a homesteaded state...just not certain about the amount...so you need to figure it out carefully.

i can't believe you have millions in equity..or maybe you do...LOL!!!! keep us informed!

[CoBelle]

Thanks everyone...Tobee I guess we can all learn from each other's experience, I just wish I'd been able to give us all a 'boost' rather than an 'uh oh' learning experience.
After a day like yesterday, I usually take a full day to recover. But the clock is running so I'm 'back at work' so to speak. I don't want to dwell on the 13 or not being allowed to convert, but I'll try to sum up why the 13 was better fro me.
1. I had to file because of a 2003 divorce and my ex, quite litiganous and wealthy decided that rather than pay me what he owed me, he would pay the powers that be and litigate me to death in family court. Finally, with all my money running out, he tried to get 'our' house (he owns 40%) sold at a ridiculously low price to an ex girlfriend of his.
2. I didn't have any non-exempt property except for my home IF it sold for what its worth. But if it sells for the ex's gf's contract price, I won't even have enough to pay my homestead exemption. IN that case it would be a no asset case I guess.
3. I don't have any credit card debt, only debt to my ex that was post divorce to pay for all his litigation fees ...funny, even tho I didn't have the money to hire an attorney for me, the bought off judge decided that I should pay ex's attorney fees for his bringing motions to the court to reduce the money I was awarded in the divorce but never paid.
(It's a pretty grusome tale)
4. SO, I filed for bk for the protection of my homestead exemption ($90k) and to challenge my ex filing a lien against my share of thehouse when even the state court said he couldn't do that, and to try to buyout my ex's share...which the state court gave me the right to do 'at any time'..
5. In 13's usually one's home is protected and in my case there was nothing owing on it except a HELOC that was being paid on time. So my plan was to buy out ex's share, make the necessary repairs to the house...esp. to its perception of value since ex and 'his' receiver were telling everyone that the house was 'worthless' and a 'scrape off'.
I coudl afford the plan payments (which were mostly to the attorney and trustee and for back property taxes that the Recevier was supposed to pay but didn't )
I had to fight ex saying that I didn't have enough income to fund the plan. I won that, but at the last minute he added that an investment property that I was buying wasn't a 'secure' debt . When surprise the judge agreed....and this was only because my attonrey didn't doher job re getting the proper evidence into thehearing....the secured debt becoming unsecure put me over the debtlimits forunsecured and my case was dismissed.

6. Have the same judge for the 7, so hopefully this will help and not hurt me. But now, I have to decide whether or not I tell the trustee that he can sell the house for more and make big bucks OR try to get him to let me buy out ex's share in which case he doesn't get anything. And I have to figure out howto stop ex from selling the house in the event I only get a 30 day auto stay .

So for me, a 13 would have been easier and I was willing to pay off ex and his thiefing cohorts IF I was allowed to buy out his share and fix the house up and sell it for
about $1.5 million. (In which case afterpaying everything off, I would have had enough left for my 'fresh start' and it would have bbeeen more than the $90,000 homestead exemptioni I'll get if the trustee sells it in a 7. ...plus I'd have a place for me to live in the meantime.

So that's the long of it.

[tobee43]

Thanks everyone...Tobee I guess we can all learn from each other's experience, I just wish I'd been able to give us all a 'boost' rather than an 'uh oh' learning experience.
After a day like yesterday, I usually take a full day to recover. But the clock is running so I'm 'back at work' so to speak. I don't want to dwell on the 13 or not being allowed to convert, but I'll try to sum up why the 13 was better fro me.
1. I had to file because of a 2003 divorce and my ex, quite litiganous and wealthy decided that rather than pay me what he owed me, he would pay the powers that be and litigate me to death in family court. Finally, with all my money running out, he tried to get 'our' house (he owns 40%) sold at a ridiculously low price to an ex girlfriend of his.
2. I didn't have any non-exempt property except for my home IF it sold for what its worth. But if it sells for the ex's gf's contract price, I won't even have enough to pay my homestead exemption. IN that case it would be a no asset case I guess.
3. I don't have any credit card debt, only debt to my ex that was post divorce to pay for all his litigation fees ...funny, even tho I didn't have the money to hire an attorney for me, the bought off judge decided that I should pay ex's attorney fees for his bringing motions to the court to reduce the money I was awarded in the divorce but never paid.
(It's a pretty grusome tale)
4. SO, I filed for bk for the protection of my homestead exemption ($90k) and to challenge my ex filing a lien against my share of thehouse when even the state court said he couldn't do that, and to try to buyout my ex's share...which the state court gave me the right to do 'at any time'..
5. In 13's usually one's home is protected and in my case there was nothing owing on it except a HELOC that was being paid on time. So my plan was to buy out ex's share, make the necessary repairs to the house...esp. to its perception of value since ex and 'his' receiver were telling everyone that the house was 'worthless' and a 'scrape off'.
I coudl afford the plan payments (which were mostly to the attorney and trustee and for back property taxes that the Recevier was supposed to pay but didn't )
I had to fight ex saying that I didn't have enough income to fund the plan. I won that, but at the last minute he added that an investment property that I was buying wasn't a 'secure' debt . When surprise the judge agreed....and this was only because my attonrey didn't doher job re getting the proper evidence into thehearing....the secured debt becoming unsecure put me over the debtlimits forunsecured and my case was dismissed.

6. Have the same judge for the 7, so hopefully this will help and not hurt me. But now, I have to decide whether or not I tell the trustee that he can sell the house for more and make big bucks OR try to get him to let me buy out ex's share in which case he doesn't get anything. And I have to figure out howto stop ex from selling the house in the event I only get a 30 day auto stay .

So for me, a 13 would have been easier and I was willing to pay off ex and his thiefing cohorts IF I was allowed to buy out his share and fix the house up and sell it for
about $1.5 million. (In which case afterpaying everything off, I would have had enough left for my 'fresh start' and it would have bbeeen more than the $90,000 homestead exemptioni I'll get if the trustee sells it in a 7. ...plus I'd have a place for me to live in the meantime.

So that's the long of it.

ahhhhhhh....where did the days of the simply life go...i do not know...however, my typo up above was referring to whom i consider to be one of the "leading" pro se experts on this site...as jb...never a word of advise to take lightly i have found. so i'm happy jb has viewed the situation.

your issues, while complex i'm certain are not unique to the court...but so very emotionally draining to one's entire being....it's truly amazing how we can live on adrenaline....i know i use to drink it!!! that in the morning and afternoon and grey goose at night! i'm hoping for you the judge will review and just except everything at the face values you are presenting and that will be the end of this nightmare for you...

to say the least, one certainly never can tell what life brings....but please do me the favor of getting that ex of yours somehow...it would make ME feel so much better!!!

[FishersMike]

Hi CoBelle,

I have nothing I can really add, but have been reading your posts and want to tell you the EX sounds like the biggest piece of sh!t I have ever heard!

I hope things go better for you and hope you prevail as he should defintely not!

I will pray for you.

Mike

[CoBelle]

Thanks, Mike, prayers are much appreciated. As for ex, I couldn't have said it better myself!!!!!!

My brain had to work yesterday, but I really am taking today off ...I have to, cuz my brain is on temporary lockdown.

it's just so hard to deal with a person (my ex) who got exactly what he wanted after a 25 year marriage (the divorce) ..yet he just
can't stand to get on with his new life (he married another doctor and he's supposedly 'happy') and let me get on with mine.
I realize that he just lets his lawyers handle everything ,while I have to struggle becausee I can't afford both lawyers and pet food,
but i just can't grasp his motivation.

I don't know how to make a Chapter 7 work for me. None of the attorneys I called on Friday have called me back. I can do thepaperwork
myself (copying from the 13 while correcting the mistakes my 10k made on it but never amended)...but I'm sure there will be more litigation,
and while I would have done better at the last hearing if I'd done it without an attorney, I need a good attorney this time and one that can't be bought by the other side.

I just don't see how I can make a Ch 7 work for me.

[tobee43]

Thanks, Mike, prayers are much appreciated. As for ex, I couldn't have said it better myself!!!!!!

My brain had to work yesterday, but I really am taking today off ...I have to, cuz my brain is on temporary lockdown.

it's just so hard to deal with a person (my ex) who got exactly what he wanted after a 25 year marriage (the divorce) ..yet he just
can't stand to get on with his new life (he married another doctor and he's supposedly 'happy') and let me get on with mine.
I realize that he just lets his lawyers handle everything ,while I have to struggle becausee I can't afford both lawyers and pet food,
but i just can't grasp his motivation.

I don't know how to make a Chapter 7 work for me. None of the attorneys I called on Friday have called me back. I can do thepaperwork
myself (copying from the 13 while correcting the mistakes my 10k made on it but never amended)...but I'm sure there will be more litigation,
and while I would have done better at the last hearing if I'd done it without an attorney, I need a good attorney this time and one that can't be bought by the other side.

I just don't see how I can make a Ch 7 work for me.

tom from co hopefully will check out your thread...he really knows about everything there is to know about co....and along with jb...you have some excellent advise coming your way i'm certain.

you may be surprised to find out you can go chapter 7. i know my brother did and he had millions...and i mean millions...it did not get him out of the tax liens...liens he had no clue about until after the divorce...she was running the business internally while he raked in the money.

she gets 35k monthly alimony and just filed and rec'd a chapter 7....so if she can do it with that type of income i can't see how you can't....don't forget much of the bottom line has to do with expenses...remember that. hope that gives you some hope!!!