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Notice of abandonment from Trustee

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    Notice of abandonment from Trustee

    Hi,

    I just joined today - I have some questions, maybe someone can shed some light on. My boyfriend has filed chapter 7 bankruptcy on March 13th. We intend to give up his house (where we are residing). Today we received a notice of abandonment regarding the house from the BK court trustee. Creditors have till 4/21 to object. If no one objects, do they then discharge the bankruptcy?

    About how long from the discharge does the sheriffs sale occur? We would like to stay here as long as possible to save money.

    Any advice/info would be greatly appreciated.
    Thank you to anyone who responds.

    #2
    Did he have his 341 yet? If not, you cannot discharge until you have the 341

    Its kinda hard to say once the Bk discharges on how long it can take. My neighbor stayed in his house for 15 months!

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      #3
      Yes, he had the 341 (meeting of the creditors) right?

      WOW - that would be great if we could stay even half as long. We are trying to just save money so we can move. He is going to call his attorney to see what the status is - the attorney told us we might be able to stay for a while because there is such a backlog of cases.

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        #4
        Jessegirl - What state do you live in if you don't mind me asking?

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          #5
          The abandonment of property means, the Trustee does not want to be bothered with it as it would be more trouble to sell than the worth. Does not mean the house won’t be taken. It has nothing to do with your time line. We had an old car abandoned and of course our house as we are in FL and it is homesteaded and cannot be taken. (we have no mortgage on it).

          As far as a repo, there are things that must occur. You will be served a summons of suit to be put out of the house. I’m not sure what it is called but you will have many warnings and will get the drift of when the last days are close. At this time I would be looking for an alternative place and just hang there as long as you can. It won’t be a surprise like the sheriff at 8:00 am at your door asking you to leave. That won’t happen. ‘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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            #6
            Thank you so much for your reply. It isn't a topic that you can discuss with most people - they tend to judge. It helps to know we aren't alone and that you can move past this stuff. We know we will have to move - I just get nervous when I get things in the mail. Thanks again!

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              #7
              Are you pastdue on pymts for the house already? With my house I was mailed a Notice of Election and Demand in Jan for an auction date of April 29th. Well then I filed BK February 5th & had 341 March 12th and b/c of the automatic stay the mortgage company had to start over on my foreclosure and now auction date is August 5th. BTW we were about 10mnths past due in Jan... So by the August it be 18 months late! I already moved though for other reasons but I never thought there would have been that much time.

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