Surrendering real property in Chapter 7

[heyu]

I filed chapter 7 and am awaiting the creditors meeting which will be on the 11/4/2008, in my bankruptcy the home was surrendered, today I received a letter from the Bankruptcy Court of an Order Granting Debtors Motion to Abandon Real Property.
My question, how long do I have before I have to vacate the property. Any answers would be appreciated.

[justbroke]

Your lawyer filed a motion to abandon? I'm not an attorney, but I've only ever seen those filed by Trustees (Motion to Abandon) and by Creditors (Motion to Compel Abandonment).

Are you selling the place? (is what I should be asking)

[b_girl]

In our BK we got a motion of abandoment from our lender. They were wanting us to sign a quitclaim deed giving the home back to them, I guess in lieu of foreclosure. We reaffirmed our home loan so that was dropped and we're still living here. In your case, I'm not sure what it means time-wise.

[heyu]

I do not know who sent the motion to Abandon the Property to the US bankruptcy Court , in my petition I am surrendering the property but I have not been to the creditors meeting as that is schedule for next month, on the back of this order is a list of people and organizations that a copy was sent to which included the Utility Company, my Lawyer, the mortgage Company, internal revenue service and the bankruptcy trustee.
This order was decreed on the 10/14/08 and sent out, now keep in mind that I have not been to my creditor meeting as yet, on the 10/24/08 the utility people came by and shut off my water, they did turn it back on a few hours later after I spoke with them but only for the weekend, I was told to get in touch with my Lawyer and get back to them with whatever transacted, the Lawyer had told me that I would have some time after the surrender before I had to move but now I will be force to move if the water is turned off again and at this time trying to find somewhere is going to be difficult as my resources are quite limited.
Any thoughts or suggestion here would be appreciated, I am going to get in touch with the Lawyer tomorrow and I do have an appointment for Tuesday but your thoughts or suggestions today would give me something to think about, also something to put to/ask the Lawyer.

[justbroke]

The motion should be clear about who sent it. This will be in the caption, or the first paragraph. For example, the motion may be captioned like this:

TRUSTEE'S MOTION TO ABANDON REAL PROPERTY

or

DEUTSCHE BANK MOTION TO ABANDON REAL PROPERTY

That's the caption area. Otherwise, the first paragraph should state who the Movant is. For example;

John Doe, United States Trustee, by and through undersigned counsel, moves the court to enter an Order granting this Motion to Abandon Real Property, and states the following;

That should let you know who did it to you. If it starts with your name... then you did it to yourself (through your lawyer).

[justbroke]

Okay, I just re-read your first post. You did this to yourself, technically. As you posted, the order reads "Order Granting Debtor's Motion to Abandon Real Property". Your lawyer filed that motion.

Wow, maybe it's a district thing, but I've never seen this done before the 341, personally. (Qualify that statement with the fact that I haven't been doing this long.)

[heyu]

Coming back to this, my water was cut off by the Utilities and I was told I no longer owned the home as I had surrendered it and it was deemed abandon by the US Trustee although I still live there. My BK lawyer told me that I can remain there till the house is sold, isn't there some law that protects me and my pregnant wife and two young kids, which prohibits them from turning off the water, I owe them nothing as my bill was up to date. Also the Mortgage company wants to lift the stay to complete the foreclosure process or talk with me about forbearance, workout, etc etc..They are also asking for $800.00 to prepare the stay lifting document or motion, anyone understanding or having any answers or ideas to what I have written please respond with any information as my lawyer seems only interested in what he was paid for.

[Tbornetun]

THey want $800 from you to lift the stay!!! NO WAY!! What is going on?? I would sit down with your attorney ASAP and find out what is happening with your case. THis is crazy!

[DaisyMae]

I'd stay stay put until you are evicted.

Why leave before you have to? And who knows how long that will take with what is going on in the economy now??