Again, I'm kinda confused about some things.
1. My Ch 7: my house was abandoned and it was sold.
2. I listed a HELoc loan as a secured debt on my share of the house, but I just got evidence that the loan was entirely on my X's share of the house (from the mouth of the lender)
3. When the house closed, the Receiver took 60% of the HELoc loan off of my share.
4. But this would be preferential because the HELOC lien was secured to X's share, not mine. I was ordered to pay some of that loan ..for house repairs....but that reimbursement would be an unsecured debt to X. By paying it from my share, there was less for the trustee to grab (the bk court ordered my house liened for anything above my homestead exemption to go to the trustee.)
5. SO, since my ultimate goal would be to completely reverse the sale of my home to X's little twit as far below my buyout offer.....can I use this somehow to help my cause.
Fraudulent transfer? Preferential payoff?
1. My Ch 7: my house was abandoned and it was sold.
2. I listed a HELoc loan as a secured debt on my share of the house, but I just got evidence that the loan was entirely on my X's share of the house (from the mouth of the lender)
3. When the house closed, the Receiver took 60% of the HELoc loan off of my share.
4. But this would be preferential because the HELOC lien was secured to X's share, not mine. I was ordered to pay some of that loan ..for house repairs....but that reimbursement would be an unsecured debt to X. By paying it from my share, there was less for the trustee to grab (the bk court ordered my house liened for anything above my homestead exemption to go to the trustee.)
5. SO, since my ultimate goal would be to completely reverse the sale of my home to X's little twit as far below my buyout offer.....can I use this somehow to help my cause.
Fraudulent transfer? Preferential payoff?