discharge or foreclose?

[crysrose76]

Long story short

Filed chap 7 with an attorney in 2008 ( FL) was discharged in April. Trustee said I owed $2700 tax refund last year, but I had already spent it, told him and the attorney, nothing else was said until last month, got a letter saying the discharge would be revoked unless I paid. Spoke to the trustee today, he said he understood that I had to spend it but the judge was going to order me to pay it next week. He said he would tell the judge I would use this year's refund. I am expecting $3200, the problem is I am still behind on my mortgage and HAVE to pay $1500 because I am in default ( they already started foreclosure). The trustee is expecting me to pay the money, said if I was a couple hundred short that was ok, I want to give him the money, but I dont want to lose my house. Should I tell him about this or will it fall on deaf ears?? I really got screwed by the attorney because I am having to deal with the mortgage company when before the bankruptcy was filed I kept calling leaving messages and faxing him, he let my mortgage get discharged and then said pay him more money and file chap 13. Anyway how long will they keep this open? Dont wanna lose house, but about to get discharge reversed.

[TEW]

It sounds like you are hanging onto a house you can not afford. looks like the judge is going to make it easy for you.

[AngelinaCatHub]

[TEW]

I don't know hub
trustee said give me the money PO did not but spent the money. now OP goes back to trustee ans says I will pay trust me?

[crysrose76]

Last year I had an attorney and when I went to the meeting of the creditors they told me that I would have to pay some of my tax refund but that was towards the end of Feb, I had already spent it on my mortgage and getting a car, ( my car was totaled). I did not spend it purposefully!! By the time they told me, I had already received and used it, never filed before =, didnt know that was a requirement, no fraud here.

[crysrose76]

Thank you Angelina for being open minded and not making assumptions. People shouldnt make judgements, they wouldnt be here either if they were so perfect.

[Trixie007]

I don't think anyone's really trying to judge you here, just giving their opinions as asked... Obviously no one here knows your entire situation. With the bare minimum of facts given, I would have to agree with TEW. Maybe now is the time to take a really hard look at your finances and decide if you can really afford the house, if you need a second job, or what.

No one here will lightly say that you should consider giving up your home, we know it's a very hard thing to do... But it does seem that you have a cash flow problem. Good luck to you.

[crysrose76]

Thanks. The reason I am behind is because one of the creditors garnished my wages before the discharge, I was barely bringing home anything. I have had the house for nine years. I have a steady job, work for the state, just think I'm so close with the house now to give it up.

[fltoo]

Thank you Angelina for being open minded and not making assumptions. People shouldnt make judgements, they wouldnt be here either if they were so perfect.

Hmm, didn't take that as TEW being judgmental, just trying to see the big picture. Most of us are here because we failed to see the handwriting on the wall.