Motion to Compel Abandonment?

[clash42]

I'm a simple Chapter 7, no abuse, discharged, but the trustee asked for $15,000 for me to keep my house. I was discharged in July of 2009 and he asked for the funds in September of 2009.

Based on market conditions at the time there was almost no way he could have sold my house, paid realtors, and come out with any equity. So, we counter-offered $3000 with our evidence using comps of houses. He ignored the offer with no response.

My attorney sees the trustee regularly and would bring up my case, to which he kept saying he'd get back to us. Per my attorney's recommendation, we quit bringing it up. In the meantime, I paid my mortgage on time every time, maintenanced the house, even dealt with some expensive maintenance issues.

Now, OVER A YEAR LATER, the trustee e-mails ME DIRECTLY (bypassing my attorney) and indicates that my case 'fell through the cracks.' Due to the lateness of it, the trustee is 'willing' to take a lesser figure...$11,000.

My attorney wants to file a motion to compel abandonment. He thinks we can make a good case, but of course this action will cost me legal fees.

Can trustees do this? And how is this actually in the best interest of the creditors? He now risks another creditor...the lender on my house. The chances that this house will sell in my market (it's in a nichey neighborhood and very unique) quickly is very low. It seems as if he's not seeing the big picture.

[tobee43]

I'm a simple Chapter 7, no abuse, discharged, but the trustee asked for $15,000 for me to keep my house. I was discharged in July of 2009 and he asked for the funds in September of 2009.

Based on market conditions at the time there was almost no way he could have sold my house, paid realtors, and come out with any equity. So, we counter-offered $3000 with our evidence using comps of houses. He ignored the offer with no response.

My attorney sees the trustee regularly and would bring up my case, to which he kept saying he'd get back to us. Per my attorney's recommendation, we quit bringing it up. In the meantime, I paid my mortgage on time every time, maintenanced the house, even dealt with some expensive maintenance issues.

Now, OVER A YEAR LATER, the trustee e-mails ME DIRECTLY (bypassing my attorney) and indicates that my case 'fell through the cracks.' Due to the lateness of it, the trustee is 'willing' to take a lesser figure...$11,000.

My attorney wants to file a motion to compel abandonment. He thinks we can make a good case, but of course this action will cost me legal fees.

Can trustees do this? And how is this actually in the best interest of the creditors? He now risks another creditor...the lender on my house. The chances that this house will sell in my market (it's in a nichey neighborhood and very unique) quickly is very low. It seems as if he's not seeing the big picture.

wow...so sorry for your problems...it appears to me these trustees are beginning to take such liberties it just terrible.

as your atty, if you filed the motion if you win, if you can recoup atty fees...in some of the cases you can. i would find out....because you should win this one!

[CoBelle]

So if you paid him $11k would he give that to your unsecureds and take his % , ,which iin my state woudl be $1100?
But if he sold it, he would get maybe 10% of the sale price.
So it seems that you have to decide if it is worth the risk....of losing your home.'Find out if you lose your motion to complel abandonment if the offer would still be on th te table and then it would only be the cost of the attorney to file the motion that would be at risk.

OR, you could offer $7k and maybe he'd accept and you'd be done with it.