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Scared ! Turned into an Asset Case Court tomorrow

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    Scared ! Turned into an Asset Case Court tomorrow

    Hello. I have been lurking around for quite some time..
    My husband and I filed in November (with a deadbeat lawyer) we had our 341 meeting and as of 2/2 we were at our 60 days..
    HOWEVER... our trustee has turned our case into an Asset case, and seeing as how I can't get my attorney to take my calls or return them or even talk if I randomly stop in, I don't know what this means.
    I was told that he wanted our taxes, so I have filed them and sent my trustee personally a copy as well as my attorney who will not take my calls to confirm he has them.

    When we filed, we were set on reaffirming our home and car which neither payments are late. I have not received a reaffirmation, and don't know if I should have or not.

    I don't have a clue on what to expect at court tomorrow, it notice from the trustee just said he has a dispute in our homestead and claimed exemptions Anyone have any clue what the heck that means.. ...

    I have checked Pacer and see that he's released interest in our car, however I don't see anything on my home !!!!!!

    Just scared and feeling ALONE!!!!
    *Contacted Attorney --> October 2009*...........*Filed Ch 7 --> 11/02/2009*
    *341 Meeting --> 12/01/2009* ...........*Court 2/9/2010 Ojections to Exemptions
    :yahoo::yahoo:3/8/2010 ~~ DISCHARGED:yahoo::yahoo:

    #2
    i hope things are going well in court for you today. your lawyer sounds totally irresponsible. i hope you see him in court and give him a piece of your mind. how can he defend you if he doesn't tell you what's going on?? good luck.
    filed ch7 May 09
    341 june 09
    discharged, closed Aug 09

    Comment


      #3
      You are NOT alone!!! **HUGGSS**

      It sounds like your trustee is not accepting the amount you claimed as your exemption for your home. What did you use as your evaluation tool? What state are you in? Knowing that will help posters give better answers.

      As for the reaffirmations, if you can make the payments on both your home and car, AND keep them current, you are probably better off not reaffirming. This is because if later on you have to walk away from one or both of them, you won't be held responsible for the difference.

      At least that is true for the automobile. Home mortgages may work differently and I have very little experience with those. Someone else with more knowledge in that area will chime in I am sure.

      Good luck!
      "To go bravely forward is to invite a miracle."

      "Worry is the darkroom where negatives are formed."

      Comment


        #4
        Thank you

        Thank You both..

        We had court and pretty much the issue was that the trustee had requested a copy of our homestead dead for more than 30 days and my GREAT attorney never gave it to him, and then when he did, it didn't match the exemptions that were listed on Schedule C.. The trustee and attorney had cleared it up even before we got there...

        Now.. We are waiting on the reaffirmation agreements on 3 loans.. House, Car, and tools for hubbys work.... and once we get our tax refund I have to mail a payment to the trustee..

        Then I think we will be DONE!!
        I'm supposed to check back with the deadbeat lawyer this week to see if he's heard from the creditors on the reaffirmations..

        PRAY !!!
        *Contacted Attorney --> October 2009*...........*Filed Ch 7 --> 11/02/2009*
        *341 Meeting --> 12/01/2009* ...........*Court 2/9/2010 Ojections to Exemptions
        :yahoo::yahoo:3/8/2010 ~~ DISCHARGED:yahoo::yahoo:

        Comment

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