Originally posted by StartingOver08
View Post
Don't pack too quickly! You may have more time in your home than you can imagine. I surrendered my home too in my Ch 7 BK, but I am still here. There is no final judgement yet and my attorney says not to move until the official notice of sale.
There is some controversy in the BK courts (at least here in the Southern District). Some of the trustees want you out within 30 days of the 341 if you are surrendering. Had that happen to a friend of mine that filed in Oct 2008 - her attorney was not at the 341 to stop the Trustee from making her move out. Her attorney had sent a newly minted lawyer to attend that was scared to death of the Trustee - so my friend lost out on valuable recovery time and of course the house just sits vacant, badly maintained by no one.
My attorney was at the 341 and the issue did not come up at all. Make sure to clear up this issue with your attorney before filing. Just so you have a plan.
BTW, good job on the vehicles - they can weigh you down. Better to get rid of one high payment and buy one after with the $$ you would have used to pay the mortgage!
There is some controversy in the BK courts (at least here in the Southern District). Some of the trustees want you out within 30 days of the 341 if you are surrendering. Had that happen to a friend of mine that filed in Oct 2008 - her attorney was not at the 341 to stop the Trustee from making her move out. Her attorney had sent a newly minted lawyer to attend that was scared to death of the Trustee - so my friend lost out on valuable recovery time and of course the house just sits vacant, badly maintained by no one.
My attorney was at the 341 and the issue did not come up at all. Make sure to clear up this issue with your attorney before filing. Just so you have a plan.
BTW, good job on the vehicles - they can weigh you down. Better to get rid of one high payment and buy one after with the $$ you would have used to pay the mortgage!
We actually, have been looking at rentals for a few weeks now. And settled on one we think will work. Got the application approved today.
The way I understood our attorney, she said we have to be out of the home by the date we actually FILE. Which, would fall into what you're saying, around 30 days prior to our 341. So, since we plan on filing the end of April, and since we've found a home we can live with, in a part of town we actually like, and for a rent saving us hundreds over what we've been paying (or trying to pay and failing
) on or mortgage, we're going to sign the lease tomorrow with a start date April 1. That'll give us a few weeks to get moved before we file the end of April and shut down the existing home to surrender.We just feel that, if the house is gone anyway, why prolong the pain of leaving?
It's a nice little rental house. A lot older, but, it's actually a tad bigger. So, it'll do and it's honestly in a far more convenient part of town to boot and I get a bonus, it's got a garage instead of the carport we have now. I'm digging on that!
Nothing wrong with looking at the cup half full...right?
Comment