Tell Me It's Over

[Minnymouth]

Minnymouth here,
Received my discharge in October, 2004
Had a Adversary Complaint pending.
Adversary Complaint resulted in Default Judgement in December 2004.
Adversay Proceedings closed in January 2005.

Does this mean it's over! Finally!

Am still in process of negoiating "buying back" my home/land from Trustee and bank.

Other than settling that issue, is my case over. Can they reopen it again?

[HHM]

Your case can be reopened for up to one year after discharge. But if all the issues have bascically resolved, then your case should effectively be over.

[Minnymouth]

THANKS SO MUCH,
Appreciate the info.
Such a a relief so far.
Friend is buying my home back so I can continue to live there.
Aren't I fortunate to have such a loving friend!
Maybe someday I can buy it back.
At least I'm not completely loosing the roof over my head.
Thanks for all your help and support, this forum has been a life saver to me for info and moral support.

[EdytaHome]

Same here, this forum has been a life saver for me too...
We ended up giving up 2 houses and moving out of state. My mother in law bought us a house and we are starting over, we hope to assume the mortgage in a few years. All our debt is gone, all we have is student loans, house payment and utilities. This is truely a fresh start, we are so blessed.
Thanks everyone for your support!

[shygal]

Minnymouth,
Congrats to you ! It is wonderful to have such great friends! See things will start looking UP ! Good luck to you....

[EdytaHome]

Had a Adversary Complaint pending.
Adversary Complaint resulted in Default Judgement in December 2004.

Just wondering, what exactly is an adversary complaint?

[Minnymouth]

adversary complaint

In my case, the trustee could not take my home without going thru the court with an adversary complaint against me and the bank to take "our interest" in the land/home.
Since my title was "unperfected" the bank did not have a "lien" against my house. I owned it free and clear - an asset they trustee could sell - but first he had to file an "adversary compliant" to take it from me. Also he had to file a "adversary complaint" against the bank to dissolve their interest they said they had in the house.
Basically is a proceedure where the Trustee files with the court requesting the court give him the property for resell for the creditors. Everyone has to go to court to prove their "interest" in the land/home. Judge decides outcome.
Usually an "adversary complaint" is filed to settle something that the judge has to rule upon. Judge has final say.
Trustee can request - judge can agree or deny.
Usually requires more legal expense also.
Hope that helps, I've bee there, done it!!
Minnymouth