Order for Relief from Stay GRANTED...

[RBisDebtFree]

So the court granted a relief from automatic stay to my mortgage company and I have a few questions:
1) The bank was sending me notices that they're going to sell my house and sending me bills all throughout the bankruptcy, even when there was an automatic stay. However, now, how far can they go? They are going to auction the house off, can they come back for any water/sewer charges, property tax, etc. or am I free from all of that?
2) This same bank has a lien on my parents' house on the same loan but the relief is only granted to foreclose on my house, does it mean that the parents' house is not allowed to be foreclosed on?
3) Trustee has also objected to my exemptions for about $10k, and declared the case to be an asset case, does it now mean that he will most likely go after those exemptions becase he declared the case an asset one and he doesn't get the house so he'll have to take something from me to distribute? Or can he simply go back and mark the case as a no asset one?

Sorry for messy questions, I tried to make them as clear as I could. Thank you!

[BROKEDED]

I'm sorry to hear this. I've caught just bits and pieces of your posts but did you go through an attorney and if so what do they say? I didn't realize a trustee could change the no asset/asset after a discharge.

What was your situation on your house as far as owed and value? What were your intentions with the house as to reaffirm or not and so far as continuing payments?

Blame it on Friday the 13th?

[RBisDebtFree]

I'm sorry to hear this. I've caught just bits and pieces of your posts but did you go through an attorney and if so what do they say? I didn't realize a trustee could change the no asset/asset after a discharge.

I filed through an attorney but he is pretty busy and pretty expensive (though he is a great attorney, got me to discharge with all the variables and weak points in my case!) so I am on my own mostly as of now. Trustee made my case an asset one after discharge but I have seen quite a few cases where trustee would object to exemptions, make it an asset case and than weeks after the discharge would switch it back to a no asset one and close immediately. So, I guess they can do that...

What was your situation on your house as far as owed and value? What were your intentions with the house as to reaffirm or not and so far as continuing payments?

I owed $680k ($625k original + foreclosure costs and lates), the fair market value of the home is about $500k or so. That's a $180k deficiency right there. But I believe my discharge protects me from that also, otherwise, it wouldn't make sense to file before the foreclosure.

Blame it on Friday the 13th?

I think there should be a federal law prohibiting attorneys or pro se files to file within 120 days of the a Friday the 13th

[HHM]

1) Your underlying debt to the bank is discharged, so they can simply foreclose. Any expense still remaining that is associated with the property, stays with the property. So, you will typically not be charged any additional fees.

2) Conceivably, the bank could foreclose on your parents house unless someone is making the payments.

3) You have a right to object to the trustees objection, but if the trustee wins, then yes, the trustee gets whatever assets this issue is referring too.

[RBisDebtFree]

2) They haven't received or requested a relief from stay for parents' house, only for my house -- you think that they can still foreclose on the parents' house?

3) The trustee's objection to exeptions has been filed a few weeks ago, do I have a timeline to object? If I don't object then I automatically agree to the objection?

[Kingxray]

2) They haven't received or requested a relief from stay for parents' house, only for my house -- you think that they can still foreclose on the parents' house?

3) The trustee's objection to exeptions has been filed a few weeks ago, do I have a timeline to object? If I don't object then I automatically agree to the objection?

You were discharged before your 60 days were up? That seems odd to me.

2) Are your parents or their house included in your BK somehow? If they are they would either have to reaffirm the property or continue to make payments otherwise they can foreclose.

3) What exemption is the trustee objecting to? Check Pacer under schedule/deadlines to find the time frame you have to file a motion regarding the objection and definitely check with your lawyer.

[BROKEDED]

Part of what I wanted to know was if you were retaining the house by continuing payments and they are foreclosing anyway.

I realize that you didn't expect the change to an Asset Case. That bites.

[RBisDebtFree]

Kingxray,

I was discharged on day 63, my signature states the date the actual 341 happened, original one was scheduled Sep-10 and my attorney had to reschedule due to a conflict on his schedule.

My parents are not included but their house is (I guess including a loan that liens their house is considered that the house is included in my bk).

3) My auto exemption, both cars are only in my name but I use one and my wife the other. Plus about $5k in our checking accounts saved up to rent a new place and pay the bills at the old place, plus all expenses to dump the garbage, rent a truck, etc... PACER does not show an Schedules/Deadlines related to this objection. It feels like the situation with this objection is up in the air.

BROKEDED,

I was not paying for the house and I stated on the statement of intentions that I am surrendering the house.

Yes, I haven't expected that and I actually don't know why I was switch to an asset case, b/c of the house or b/c of the objection to exemptions. So now that I am an asset case and trustee can't get the house, I wonder if he'll fight to take some of my exempt items just to fulfill claims, at least formally?

Thanks!

[Kingxray]

Kingxray,

I was discharged on day 63, my signature states the date the actual 341 happened, original one was scheduled Sep-10 and my attorney had to reschedule due to a conflict on his schedule.

My parents are not included but their house is (I guess including a loan that liens their house is considered that the house is included in my bk).

3) My auto exemption, both cars are only in my name but I use one and my wife the other. Plus about $5k in our checking accounts saved up to rent a new place and pay the bills at the old place, plus all expenses to dump the garbage, rent a truck, etc... PACER does not show an Schedules/Deadlines related to this objection. It feels like the situation with this objection is up in the air.

BROKEDED,

I was not paying for the house and I stated on the statement of intentions that I am surrendering the house.

Yes, I haven't expected that and I actually don't know why I was switch to an asset case, b/c of the house or b/c of the objection to exemptions. So now that I am an asset case and trustee can't get the house, I wonder if he'll fight to take some of my exempt items just to fulfill claims, at least formally?

Thanks!

Okay, I see. The UST got their objection in before the 60th day. Maybe the UST changed you to an asset case because if they disallow the exemption then, in their eyes, you have an asset and/or income to provide to creditors. Or you may have been changed to an asset case cuz the UST has an interest in one of the houses? Just a guess. See what your lawyer says. You may find it really means nothing in the long run.

[RBisDebtFree]

I don't think it is the UST, it is the Panel Trustee actually. He changed my case to an asset case around the same time that he objected to my exemptions, however, he sounded very interested in the house at 341 and thereafter, he wanted the keys quick and asked us to send it to him as soon as we moved out.

It seems that he only objected to the exemptions but never took it further, there's no hearing schedule, no requested meeting or anything so I don't know how serious he is about that exemption. After I was discharged, I can see Awaiting Close in Terminated Status on PACER, also, there's the AwaitClo flag on my case. I don't know if it means anything though...

Sorry for the confusion, I hope I made it more clear!