Florida question regarding ch 7 and letter from investment co.

[TBA]

There are two hearings coming up in Jan in tampa where the lenders objected. Unfortunately i do not know the names on them, i was just told by my attorney. We are going to see how the judges respond during the hearings.

The hearings were set because the lender did object (or so i was told - personally havent seen the docket) - not because of the motion being filed.

Will update when/if i get more info before hand.

[justbroke]

I just looked up one of the Cases in Tampa (Florida Middle District). It was a Chapter 13, but was converted to a Chapter 7. In the Chapter 13, the court stripped the second contingent upon a discharge. The attorney asks, in the new Motion that...

The Debtor requests verification form this Court that the Order granting the Green Tree Motion will still apply in this case and the lien of Green Tree Funding, LLC will be voided upon receipt of her Chapter 7 discharge.

It will be very interesting and I'm going to watch this case. For Reference, the case is 08-20923-8W7 and the Motion is Docket #88 (Filed 10/3/2012). The hearing is on January 15, 2013. The most interesting part is that the debtor already sought to strip the lien in a prior Chapter 13. This is exactly the pattern in my case since I also was a Chapter 13, was granted my lien strip, but then converted to a Chapter 7.

If this works for this debtor, I may just re-open my case.

In the other case, 12-09126-8W7, the Creditor is basically telling the court to follow its own pre-McNeal rulings. That objection, from the creditor, actually has the creditor stating that "In Re McNeal should be discarded as bad law as it sets forth principles rejected by the Supreme Court in Dewsnup". Interesting argument since it's the 11th Circuit Court of Appeals that ruled in McNeal. Nice end-around attempt by the creditor. Should be interesting. (The hearing on this one is January 17, 2013.)

I will be watching that one as well.

[bluey2]

Update- I received notice that the trustee hired an appraisal firm to appraise my personal belongings..really? well all my stuff is thrift store purchased, except appliances and computers/electronics which are all 7-15 years old. I don't have any luxury items/jewelry either. Cant imagine what prompted this. No info yet from BOA on the notice they were sent on intent to strip second. Any info on those 2 hearings above?

[LadyInTheRed]

Update- I received notice that the trustee hired an appraisal firm to appraise my personal belongings..really? well all my stuff is thrift store purchased, except appliances and computers/electronics which are all 7-15 years old. I don't have any luxury items/jewelry either. Cant imagine what prompted this.

If you were in any district other than the Middle District of Florida, I'd be surprised. You have perhaps the only trustee in the country who routinely sends an appraiser to a debtor's home to appraise personal property.

[justbroke]

Remember the case I mentioned above? Well, see my new thread!

http://www.bkforum.com/showthread.php?79173-Chapter-7-Lien-Strip-Alive-in-Florida!&p=592171

Des, eat your heart out.

[bluey2]

UPDATE...Order came through today,,motion to strip is GRANTED!! BOA did not object! Just saved me over 150.00 per month.