Questions about the auto stay and exempted property

[CoBelle]

1. After I filed for bk, an accounting firm took money from an FBO account in my name that is retirement money, saying that I owed them for giving me an accounting of my funds in re property settlement. (ERISA says the accounting charges must be minimal and $5700 isn't minimal to me.) I'm wondering if this is a violation of the auto stay....in other words, does the auto stay protect exempt nmoney from attachment?

2. If my house is abandoned from the bk estate and then sells, can I still object to secured creditors claims in the bk court?

3. Same scenario...house abandoned and sold....and my homestead exemption is given away to a psudo creditor. Can I take this to the bk court or must I seek redress in state court?

Thanks for your answers! CB

[despritfreya]

If my house is abandoned from the bk estate and then sells, can I still object to secured creditors claims in the bk court?

CB

While I do not know the answer to your 1st question and I think we have touched on the 3rd question in some PM, I do know the answer to your 2nd. . . In a Chapter 7, unless there is going to be a return of $$ to the debtor (Trustee has control over sufficient funds to make it a solvent estate with a return to the debtor), a debtor does not have standing to object to a Proof of Claim.

Des.

[AngelinaCatHub]

1. After I filed for bk, an accounting firm took money from an FBO account in my name that is retirement money, saying that I owed them for giving me an accounting of my funds in re property settlement. (ERISA says the accounting charges must be minimal and $5700 isn't minimal to me.) I'm wondering if this is a violation of the auto stay....in other words, does the auto stay protect exempt nmoney from attachment?

Yes, that is illegal to touch retirement funds, or SS, SSI, or any retirement funds.

2. If my house is abandoned from the bk estate and then sells, can I still object to secured creditors claims in the bk court?

I'm not sure why you would? Aren't you giving it up?

3. Same scenario...house abandoned and sold....and my homestead exemption is given away to a psudo creditor. Can I take this to the bk court or must I seek redress in state court?

I don't know Colorado homestead rules or laws. The homestead here in FL goes with the person for one domicile. There is no real cash value except Add Valorum Taxes.

Thanks for your answers! CB

Best I can do on the info supplied. Try some more. Some from Colorado such as Tom from Colorado can give you more referencing you local laws. 'Hub

[CoBelle]

Thanks des and hub...
Hub..hard to answer #2: the house was abandoned due to creditors saying that they wanted their money. But I had a priority right to buy out my ex's share so they would have had to wait until I sold (judicial liens). I didn't give back the house becuase there is /was no mortgage. I wanted to sue the lien creditors because their claims were false, but since a judge allowed the house to be sold to one of his friends...the false claims were paid from proceeds leaving me w/o my homestead exemption which in Colorado is paid before judgment liens that impair it.

So since my retirement funds were compromised by a creditor....what do I file in the bk court???????