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After 341 before discharge money

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    After 341 before discharge money

    ive decided not to reafirm my house..my question is now that i am not paying mortgage... will the trustee take the money that i have extra?i would like to start saving for when i have to move..i have had my 341 a couple days ago and i have to send the trustee some more paperwork about selling a vehicle..i am chapt 7 no asset case

    #2
    You're still going to be allowed a housing expense. The trustee knows you have to live SOMEWHERE.
    This post does not constitute legal advice. If you use my advice in place of a lawyer, God help you.

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      #3
      I wouldn't worry about it. We knew going into our BK that we were going to surrender our house, and the mortgage was about double what we're now paying for rent. We've never been questioned about where the "extra" money goes.
      DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

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        #4
        just saw this on pacer

        "Meeting of Creditors Held and Concluded"

        nothing else written at all

        i take it that is a good thing?

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          #5
          Next thing you should see is a report of no distribution. Once the trustee reviews the paperwork you send him regarding the vehicle sale you mentioned above, and if he determines you are a no-asset case, then he'll enter the report of no distribution. You're on the right track here.
          Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
          AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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            #6
            thanks for the info..
            this whole ordeal is really stressing me out..all this crap came out of nowhere last year..lost my high paying job..2 y/o daughter diagnosed with a terminal disease..and in and out of possibly getting a divorce with wifey..to much stress..i cant wait to get this over with.

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              #7
              Sorry to hear about your daughter. As a dad, that strikes a deep chord with me. Keep asking away, we'll answer as best we can.
              Stopped paying: 08/10, Filed CH7: 08/27/10 , 341 & No Asset Report: 10/6/10, Last day to object: 12/06/10, Discharged: 12/07/10, Closed: 12/08/10
              AHEM.....NOT AN ATTORNEY, NOT ADVICE, ETC, ETC

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