We go in to the lawyers office to sign our papers tomorrow (Tuesday) at 8:30a.m. I find that I am not really nervous, or anything yet. I just hope and pray it goes smooth and quickly! Our lawyer is going to try to protect our 5 acres of free and clear land, with the homestead exemption, even though we are surrendering our mobile home. Guess we will see how that goes over with the trustee. (Im not expecting this to go). Anyways papers should be filed by the end of the week. I hope our 341 is soon after. Im tired of waiting and worrying about it, and I am finally at peace with the whole idea of Bk, and ready for it to be over. Please keep us in your thoughts, and Im sure I will be back for advise, knowledge, and support. I will keep everyone informed of any issues that come up for us. Missouri, western district
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Going under -- just wanted to say -- we had 2 acres of free and clear land and a mobile home.
At our 341 our trustee **thought** that we were surrendering the home. He questioned us about the land and its value, how we arrived at the value etc. Then he made a comment about us claiming homestead when we were surrendering the home.
We clarified and told him we WERE NOT surrendering the home, we had reaffirmed it. He flipped his notebook shut in a hurry and said ok.
We had a good laught about it after the 341. Our lawyer said that he thought the trustee was under the assumption that we were surrendering the mobile home and smelled "blood" with the land.
Just beware -- you may very well lose the land. Also in our state, the homestead exemption is $20, 000.00, but any portion of that is unused on a house, etc may be applied anywhere else. So if you have any other property covered by an unused homestead amount, if your homestead claim is denied, it puts the other property in danger also. (make snese?)
Good luck to you.
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Best of Luck, GoingUnder!!
If it winds up that you loose your Homestead Exemption for the land from surrendering the home,.......... Think of it as a trade off of sorts. All the debt you get rid of for a piece of land.
Always gotta look for the silver lining!!
Here's wishing you a speedy and trouble free BK filing!!Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...
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Hope everything goes smoothly for you during the signing, GU! Please come back tomorrow and let us know how it went.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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well, we went in and signed. Pretty uneventful. Petition should be filed on the 12th. They had a stack of papers ready for our signature, which we signed right then, then we recieved a copy to take home and review for the night. We are to call them tomorrow if there are any corrections to be made, otherwise, it gets filed on the 12th. Attorney said our 341 should be in about 6 weeks. I was hoping it would be sooner, but atleast its finally in progress. I will let everyone know what happens to me as i go thru this. From what i understand, I need to do the post bk session as soon as i have a case #? Does this sound correct? I dont know why but I was thinking this was done after the 341?
We are listed as self-employed, so I am hoping we wont be raked over too bad. Thanks for all the support! I really appreciate it more than I could ever say!!!
Oh yeah, I was concerned about husband listed as an owner on his dads checking account , father closed that account in jan. Anyways, attorney listed that account as a 0 balance since none of the money was ours. I hope that covers hubby's dad. It is the truth, we had no money in that account.
We will get preped on what to say before the 341. Attorney is going to call us before we go. What a relief!!!!!!!!!!!!
Thanks again, maybe when this is all over for us, I can help someone else on here with issues i have had. Trust me- we have lots of issues!
jThanks again4/10/07-Signed BK Petition-$600.00
5/22/07-341 DONE
7/23/07 Last day for objections
8/03/07 Discharged WAITING TO CLOSE.............:
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You are on your way now, GU! Before you know it, your 341 will come and go, then it's just waiting things out for 60 days. You must feel such a sense of relief!I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to go
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