I am filing single chp 7 and have a home with approx 70k in equity, I passed the 341 and the only thing left is the trustee trying to take my house. He claims I live in Az, which I do part time but my drivers licence, home and taxes are all in MN. Yesterday I learned he filed a subpoena for my cell phone records. Has anyone else had this occur? TIA, Tom.
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Interesting? I have not heard of that one. I am trying to think what the Cell Phone records would actually show that would help the trustee make his case? Is he hoping all incoming calls come from AZ and somehow that indicates you reside in that state?
You can object, I think the grounds for objection would be that the cell phone records would not yield relevant evidence related to any fact in controversy and is therefore instrusive and over broad (you need to get your attorney on this one). I would certainly object, there is no reason for the trustee to see everyone who has called you and everyone you have called. -
From what I have gathered, detailed records may show cell tower locations of were the call came from, but these records are only go back 12 months. I filed in Dec 2011.Comment
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Who did he subpoena, you or the Cell Phone company. Sounds like the Cell Phone company if that is the level of detail the trustee is seeking.
Still, not heard of it. You could still object.
Best of luck.Comment
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Not knowing anything about Minn. homestead law, the following statute is why I think the Trustee is looking into the matter and why the cell phone records are relevant. . .
In discussing whether or not a homeowner has abandoned the homestead exemption, Minn. Statute 510.07 states:
. . . The owner may remove therefrom without affecting such exemption, if the owner does not thereby abandon the same as the place of abode. If the owner shall cease to occupy such homestead for more than six consecutive months the owner shall be deemed to have abandoned the same unless, within such period, the owner shall file with the county recorder of the county in which it is situated a notice, executed, witnessed, and acknowledged as in the case of a deed, describing the premises and claiming the same as the owner's homestead. In no case shall the exemption continue more than five years after such filing, unless during some part of the term the premises shall have been occupied as the actual dwelling place of the debtor or the debtor's family.
So, assuming my thought process is somewhat on target the question becomes. . .
Can the Trustee show that you were not residing in the home during any one 6 month window and, if so, were you astute enough to follow the Statute and file the required declaration?
As to the 1st part of the question, the cell phone records may prove where you were and for how long.
Des.Comment
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