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    Am I toast?

    (5) If notice of insufficient assets to pay a dividend was given to creditors pursuant to Rule 2002(e), and subsequently the trustee notifies the court that payment of a dividend appears possible, the clerk shall notify the creditors of that fact and that they may file proofs of claim within 90 days after the mailing of the notice.

    This is Rule 3002(c)(5). We got a notice that our creditors have till June 10 to file. We had our 341 in Feb 7, 08. Now it is past 90 days. Other than we have an adiance with a Trustee's lawyer regarding a Mortgage Deed transferred, would either or both of these forstall our stuff from happening? I've asked before in other ways, but I can account for all the monies of the sale and we lost our butt in that sale and income tax capital gains. Net gain minus about 20k.
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

    #2
    Did you sell the house after you filed? or rather did the sale close after you filed?
    I really don't have enough exoperience in real estate. I would be interested to see what your lawyer said.
    Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
    DISCHARGE 08/12/2008[X]
    Converted to NO Asset case 12/15/2008[X]
    Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

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      #3
      ACH, I hate to admit it, but that dividend stuff went right over my head... I'm sorry.
      Nolo Press book on filing Chapter 7, there are others too. (I have no affiliation with Nolo Press; just a happy customer.) Best wishes to you!

      Comment


        #4
        No we did not sell a house. We sold a CEMETERY, in which we now have 10 graves to move upon our life estate. We gave the land so it would never be developed and will be a Park after we die. The sale was near two years ago and we have three to move graves. Four months ago I discounted a mortgage deed we held for half the price. We needed the money for our bills as we due to health and other things became poor fast. For whatever reason the mortgage assignment was recorded one month before we went 7. Now we have to account for this. Also we have 5400 dollars to pay for buying back our over limit property. Sooooooo.... "Mz. Daisey" has heard this before, except new questions keep coming up as on PACER I see NOTHING, going on. Are we concerned? Yes we are now on meds for this. Can't sleep and Ms. 'cat' is getting more depressed and I have been, but attempt to hold up for her sake. Love, All.
        Last edited by AngelinaCatHub; 05-16-2008, 07:22 AM.
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

        Comment


          #5
          I'm not sure Cat and Cat Hub, I didn't have to deal with property, but it is possible that is causing the delay. I can't remember did you file with a lawyer? If so I'd call them up and ask them what the posting on PACER meant . Otherwise hopefully someone with more experience will come along. Chin up though and don't give up.
          May 31st, 2007: Petition Filed by my lawyer
          July 2nd, 2007: 341 Meeting Held
          September 4th, 2007: Discharged and Closed.

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            #6
            Thanks JR. I really am intimidated by calling our very unstable lawyer. She goes nice then evil as maybe very bi polar. She knew of the sale and stated as we were then in 13 preperation, that, "you sold it, it does not exist, you spent the money on bills, so no assett" so she made that mistake. This is what you pay and expert for. Expert advice. Now we suffer.
            Last edited by AngelinaCatHub; 05-16-2008, 07:30 AM.
            If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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