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Is this my responsibility?

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    Is this my responsibility?

    I filed Ch. 7 April 30 and plan to let the house go. In the meantime, there is a tree in my backyard that my neighbor's want removed as they say it has potential of falling or branches blowing off and onto their home.

    Do I have a responsibilty to have it removed or is this the trustee's problem now? It's a big tree- and I don't have the money to have it removed and pay for moving expenses.

    #2
    Not knowing your local laws, it would be difficult for any of us to say.

    The reality is ANY TREE has the potential of falling or branches blowing off.

    I suggest discussing this with your attorney, assuming you used one to file BK.

    Is the tree sick or dead? Or could this just be a neighbor that wants a tree removed from your property so they don't have to rake theirs?
    8-07-09-filed Chapter 7
    11-18-09-DISCHARGED!!

    Life is not what challenges you face, but how you face those challenges.

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      #3
      I don't know the answer, but if I were you, I'd tell the neighbors that I can't afford to have the tree removed right now and keep my homeowners insurance current until my name is off the title.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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        #4
        Thanks for the responses. The tree is alive- just big, big. I'll double check with my attorney. I just thought there might be a quick answer.

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          #5
          Does any part of the tree hang over the fence line? Probably it does if it is big. If it is alive and healthy, it probably is not an issue. If the tree is alive but diseased, there is a possibility that action could be brought if a limb falls and damages something. But the neighbors would have to prove that you were aware of the problem with the tree and failed to do anything about it.

          You probably don't have naything to worry about. A tree limb falling is one of those things that is considered 'an act of God', and that is what homeowner's insurance is there for.

          Good luck!
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

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