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Last Minute help needed ! Convert from No Asset to Asset?

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    Last Minute help needed ! Convert from No Asset to Asset?

    I finally got the total pay off from my mortgage company after long delay (i hadto send them certified mail to finally get them to send it out)
    The pay off is lower than I was originally told. On top of that my new appraisals have come back higher.
    I had planned to sell the house in a few months after the discharge and walk away with a tiny bit of money to at least start over (around 15k)
    But now with this higher valuation I think I should just include the house and convert my chapter 7 from no asset to asset.
    It will pay off all my small creditors (well the ones who havent already broke the automatic stay )

    But my 341 is on wednesday in less than two days

    Should I just call the trustee tomorrow ?
    Is there a form for it ?
    .

    #2
    I think you should let the trustee do the thinking. If you cannot exempt the equity in the home, the trustee may decided to make you an asset case. But, the appraisal is probably higher than a quick sale price that the trustee would be interested in, and on top of that, there are sales costs. As for adding the house, it's already in the paperwork, and choosing to let the home go could reduce your expenses and cause further complications.

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      #3
      The values you used on your schedules weren't pulled out of thin air so I assume you have documentation to support those values.

      It's hard for me to see how a payoff could be materially different than the loan balance anyway.
      Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick

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        #4
        Joe is right. Let the TT decide.
        Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

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