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Don't trust what my lawyer is telling us..

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    Don't trust what my lawyer is telling us..

    My lawyer told us the Trustee will not take all of our Tax Refund. They will take a percentage... Well they took every thing - Plus extra money in our checking account for bills..- leaving us with NOTHING. No food money, no medication money, etc, etc. I have 3 young kids and this just did us in.

    We're asked him if we can sell our house right now(we just got a modification) and the payments start in June.

    He told us the Trustee has no interest in the house - it's out of bankruptcy and they won't take any money if we sell. They will only go after inheritance money...

    I'm in Ohio - and I cannot find out if what he's telling us is true. I've lost all faith, trust in this guy...

    Why don't I trust him? He's told us so many inaccurate things. Plus, it takes weeks to get a phone call back from him. He lead us to believe one thing, when it was another.

    Does anyone in OHIO know if this is true? That we can sell immediately and not worry about the trustee coming after us? He also said we don't need any permission from the courts, etc.

    I'm so confused and so disappointed with this lawyer.

    Any information would greatly be appreciated.

    Thanks!

    #2
    If you've been discharged, you can do anything you please with your home or any other asset the trustee has abandoned.

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      #3
      Originally posted by keepmine View Post
      If you've been discharged, you can do anything you please with your home or any other asset the trustee has abandoned.
      We Haven't been discharged yet. But the lawyer said - we can put the house up, like today...

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        #4
        I would venture to say that you can sell it for a profit up to the exempted amount of $40,400 for married couples in Ohio without issue. Sell it for any amount you please after discharge. Anyone else care to verify that logic?
        attorney consult and decided to file, 02/15/2010
        no-asset Chapter 7 filed, 03/11/2010
        341, 05/10/2010
        discharged, 07/13/2010

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          #5
          You may list it for sale, but you can't actually close the deal until the case is discharged.

          The homestead is protected.

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            #6
            Thanks all. So much appreciate the input.

            We don't plan on listing the house for sale until Next Month.. I don't expect it to sell right away.

            We're Just waiting on the discharge, with no clue on when it will happen.

            Filed in Jan - had the 341 meeting Middle of Feb.

            So Hopefully soon, I can put this nitemare behind us.

            Thanks Again!!!

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