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    Here's one for ya....

    From my previous threads, some of you may already know my situation. We are filing C-7 because of a civil judgment filed against us by my dad. We own 2 homes, one in IL one in WI. My dad has put a lien on the IL house. Tried to sell the house in IL to pay him back but no sale, so we filed C-7.

    Had our 341, where my dad's lawyer showed up to ask questions regarding our means test. A few days later UST filed a "statement of presumed abuse" and asked for additonal documents (bank statements, check register, etc.).

    We finally talked to our lawyer today and he told us that the trustee did not understand at our 341 that we were an asset case (IL being the asset) and because there is a lien on the house in another state the trustee probably didn't want to deal with the house. He said that the trustee did not understand that in our district those judgments get thrown out and therefore the lien is null and void and the trustee can do what they want with the IL house. Anyway, he had lunch with his lawyer friend and she is going to talk to the trustee and explain our situation. As of now we are a No Asset Meansyes case. He wants that changed to an asset case meansno. It is a crap shoot at this point. Not much more we can do but sit and wait, I guess.

    #2
    Geeee. I don't know what to tell you on this except it is a shame that you have a rift in your family. Is Dad in WI? and perhaps Dad may just get shafted if the Trustee abandons the house and you finally sell it. Well let me back up, the lien will be satisfied so is there a chance you can make up to Dad? I hope so. 'Hub
    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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      #3
      Thanks for the response Hub. No chance to make up with Dad. He was too impatient to wait for our house to sell and so he sued us (without our response) and added all kinds of interest, court costs, and even tried wage garnishment on my husband, so there will not be enough in equity in the IL house to satisfy the outragous amount that he is requiring. Too little too late. I am his only child and my mom is dead, so it is too bad. He is not getting any younger.

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        #4
        I'm so sorry to hear that for you. Sounds like he has some issues and is taking it out on you. I hope the rest of your bk goes smoothly and at least this will be behind you.
        12/05/08 - filed pro se
        01/27/09 - case dismissed and closed - 02/24/09 - case reopened and dismissal vacated
        04/01/09 - new 341 scheduled
        6/02/09 - DISCHARGED!!!

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          #5
          Dang! Some parents are pieces of sh*t. Well good luck to you.
          Filed Chapter 7 Pro-Se May 29, 2008
          341 July 1, 2008
          Discharged September 4, 2008
          Closed November 10, 2008 :-)

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