I had posted on the Ch 13 forum since back in May, but in october, I was summarily 'dismissed' from Ch 13 for allegedly having too much unsecured debt, so I was forced to file a 7.
The debt was an investment property that was actually fully secured, but it was the only way ex and his cronies could get my bk dismissed.
Instead of being able to convert to a 7, like normal people, I was forced to file a new 7 which meant that the auto stay was in effect for only 30 days.
The whole bk was about keeping my home, which is not in foreclosure or arrears, but 40% of it is owned by a troublesome loon (ex) who has favors in high places in the local judiciary.
I actually hoped that the Trustee in the 7 would keep the home so that it could sell for what it is really worth rather than be 'given' to ex's little 'friend'. At first the Trustee said she objected to abandoning the house, but after I left for a trip to visit daughter, she suddenly changed her mind and decided to abandon it. Ever the optimist, I thought ok, I'll just ask the fam court (crooked judge was forced to retire in August) to let me buy out ex's share as I have financing in place and can make the home supplement my social security income by renting out the caretaker's apt and another suite in the house.
But never underestimate ex's and their friends at court. I returned home to find that even though my home was still under the 30 day automatic stay protection afforded me by the Ch 7 filing, that the Receiver, authorized to preserve the home, sell it for max value and other things which he hasn't done while helping himself to over $100,000 so far of my money (taken out of the sale).....had asked for and received a Notice of Eviction (Writ of restitution in my state) and I was to be evicted within hours of my return home.
On Monday (last) I was dispossessed of my home. And now it is or will shortly be sold to the lowest bidder, despite my contract to purchase ex's 40% being the highest and best price and having a priority right of first refusal. My attonrey says that none of this could /should have happened as a matter of law. But her emergency motiion for stay/injunction/hearing was first sat on (until the house was emptied) and then denied without explanation.
Although I have a great lawsuit against the Receiver, and perhaps will get some redress through the bk court for violation of the auto stay, I'm still homeless and my house is being sold in a shroud of secrecy ...ex and crooked judge are most certainly behind this and of course the Receiver is actively trying to get as much money as he can before he is terminated (upon sale) so that I can't sue him (if he's terminated before I file)
Its hard to believe that with so many people losing their homes because they can't afford payments, that I have lost my home just because ex is out to destroy me.
Renting is more expensive than ever here. A small home $2500/month +utilities. Can't afford that on my $890 social security.
So I'm on a friend's couch and my dog and cat are farmed out to other friends.
I had my 341 and ex's attorney was there with his ugly self, telling the trustee that she could take my cash on hand even tho it is the last of my alimony, and that she should also take all the payments I made on my secured investment that is now unsecure.....well good luck to her if she can wring anything out of me!
For those still reading:
I do have a few questions: one is the money in my accounts as of the day of filing the 7. If i owe it to the IRS for 2010 taxes that I was supposed ot pay quarterly, can the trustee try to take it anyway?
The debt was an investment property that was actually fully secured, but it was the only way ex and his cronies could get my bk dismissed.
Instead of being able to convert to a 7, like normal people, I was forced to file a new 7 which meant that the auto stay was in effect for only 30 days.
The whole bk was about keeping my home, which is not in foreclosure or arrears, but 40% of it is owned by a troublesome loon (ex) who has favors in high places in the local judiciary.
I actually hoped that the Trustee in the 7 would keep the home so that it could sell for what it is really worth rather than be 'given' to ex's little 'friend'. At first the Trustee said she objected to abandoning the house, but after I left for a trip to visit daughter, she suddenly changed her mind and decided to abandon it. Ever the optimist, I thought ok, I'll just ask the fam court (crooked judge was forced to retire in August) to let me buy out ex's share as I have financing in place and can make the home supplement my social security income by renting out the caretaker's apt and another suite in the house.
But never underestimate ex's and their friends at court. I returned home to find that even though my home was still under the 30 day automatic stay protection afforded me by the Ch 7 filing, that the Receiver, authorized to preserve the home, sell it for max value and other things which he hasn't done while helping himself to over $100,000 so far of my money (taken out of the sale).....had asked for and received a Notice of Eviction (Writ of restitution in my state) and I was to be evicted within hours of my return home.
On Monday (last) I was dispossessed of my home. And now it is or will shortly be sold to the lowest bidder, despite my contract to purchase ex's 40% being the highest and best price and having a priority right of first refusal. My attonrey says that none of this could /should have happened as a matter of law. But her emergency motiion for stay/injunction/hearing was first sat on (until the house was emptied) and then denied without explanation.
Although I have a great lawsuit against the Receiver, and perhaps will get some redress through the bk court for violation of the auto stay, I'm still homeless and my house is being sold in a shroud of secrecy ...ex and crooked judge are most certainly behind this and of course the Receiver is actively trying to get as much money as he can before he is terminated (upon sale) so that I can't sue him (if he's terminated before I file)
Its hard to believe that with so many people losing their homes because they can't afford payments, that I have lost my home just because ex is out to destroy me.
Renting is more expensive than ever here. A small home $2500/month +utilities. Can't afford that on my $890 social security.
So I'm on a friend's couch and my dog and cat are farmed out to other friends.
I had my 341 and ex's attorney was there with his ugly self, telling the trustee that she could take my cash on hand even tho it is the last of my alimony, and that she should also take all the payments I made on my secured investment that is now unsecure.....well good luck to her if she can wring anything out of me!
For those still reading:
I do have a few questions: one is the money in my accounts as of the day of filing the 7. If i owe it to the IRS for 2010 taxes that I was supposed ot pay quarterly, can the trustee try to take it anyway?
MAKE SURE AND VISIT Tobee's Blogs!
Comment