Skip to comments.Attention Any FReeper Lawyers;Real Estate/Bankruptcy (Ch13 to CH7)Need Trusted Answers Please
Posted on 05/09/2014 5:15:15 AM PDT by mabarker1
O.K. I'm reaching out for help from people that I can trust.
I need somebody with knowledge in Bankruptcy/Chapter 13 going to Chapter 7 and Real Estate Laws.
My Girlfriend has the Family house and they are trying to take it.
Her ONLY vehicle is also involved. I can't drive anymore so I have no vehicle. So if they take the truck She can't get to work, Doctors, etc.
The only notice received at this time has been an E-Mail (from Her "Lawyer" who from what I know is basically USELESS) within the last hour. No Process Server, No Certified/Registered mail, No Legal Documents Yet.
Thank You in advance.
I am working on gathering what Documentation GF has. Some is here, some at Her work. I’ve told her to bring everything home tonight.
It depends on state laws. If the individual owes on the home and has failed to pay the note, bankruptcy will not protect the home as the note has precedence on the collections.
Get another lawyer
Trusted answers? From a lawyer? Seriously? lol
Live in NC, House in PA.
House is long paid off. Been trying to sell it since last Nov.
Don’t have $$$ for new Lawyer, thus this thread asking for help.
I’m Praying that FR has a few that can be trusted.
If all you have received is an email, are you sure it’s not a scam? At the very least, I would call her lawyer to make sure it really came from him/her. Don’t reply with any personal or financial information by email.
Who is they?
Not a scam, it is from the “lawyer” she hired at the start of this.
I don’t trust them and am still collecting details on this mess as this was all in the works when We met 3+ years ago.
She had filed Chapter 13 and is behind on payments so now it is suddenly becoming a Chapter 7 and they want everything NOW!
You need the advice of a bankruptcy lawyer licensed in your state.
To give you an idea of how states differ, but noting that you SHOULD NOT rely on either of these websites, see:
You SHOULD NOT do any of this on your own. If you are not satisfied with your attorney, you should retain a different attorney. You also can't do anything until you have legal pleadings and know what is going on.
Sorry, didn’t see other posts while I was writing. I apologize, but I’m of no help.
What is your main concern? Losing the home, losing the vehicle, or all of it.
There are judicial foreclosures and there are non-judicial foreclosures and depends on the state you live in. What State is the home located?
Seriously, the equity in house should be partially at least exempt from unsecured creditors.the attorney may be trying to impress on your friend the true nature of the danger
All of it.
Been trying to sell house in PA.
Live in NC
Pennsylvania is a Judicial Foreclosure State, which means someone would need to be served papers by (usually) the local sheriff, and be notified of the sale date. You could call the sheriff to see if a date has been set on this home.
You probably have some time yet to sort this out. And filing bankruptcy can shut everything down for a while.
My best advice is to consult with a Bankruptcy Attorney immediately. Most offer one hour of free consultation.
The Chapter 13 stuff is filed in NC.
If the 13 didn’t work then its probably a blessing to switch to 7. The fresh start is relief. The attorney likely knew the 13 would fail but was dealing with clients in denial about their circumstances. Its not unusual for 13 to fail.
So as far as I can tell (all this just got dumped on me just over an hour ago) this mess is being changed from CH13 to CH7 and “they” are going to seize the house in PA and sell it off.
When you say clients whom are you referring to?
Sounds like the trustee is trying to convert it to a 7 to make it go away. You can cancel a 13 at any time but that may not stop the court. There are very strict rules that vary from state to state about his. What jurisdiction was the 13 filed in?
Ok so that lawyer is saying that the house in PA is being seized to pay off the debts?
In EVERY state you can keep one vehicle, one gun, some cash and a varying amount of when you file. I think there is something very wrong with what is going on here. You friend may not have been honest with the court or most likely the lawyer blew it
She is not in denial. She has been trying to do the right thing.
Have had 2 deaths in family in 2 years leading to many $$$ going to those services and transportation of deceased out of NC to 2 other states for burial. Do you have any idea how much that crap costs?
She busts Her ass everyday at work.
Her Mother is 90 and has had to move in with us for medical/safety reasons. I have to keep an eye on Her all the time. OCD/Alzhimers/balance problems and denial just to list a few things.
I am disabled and filing for SSDI for over a year. That is being denied because I’m the wrong race. I can’t find/keep a job due to the problem with my feet. Max time I can be on them is at most a couple of hours.
Not to mention vehicle breakdowns costing several thousand $$$.
You ever hear the phrase:
It’s hard to drain the swamp when you are up to your ass in aligators?
We live it 24/7/365
I AM NOT defending Her just because She is My GF.
THE SYSTEM SUCKS!!!! One tries to work within it and one get F’ED!
I'm just getting involved in this. I'm waiting for paperwork She has at the office so I can read it and play catchup.
She is as Honest as they come.
Yes, something is definitely wrong here. I just need to get up to speed on the whole thing.
I'm leaning towards a “legal aide” has been running this mess not the lawyer.
Depends on where she lives. What State?
She is working her but off and still cannot make ch 13 payments? If so she is in denial about her ability to pay.
Live in NC
House in PA
If she does not make house payments she will eventually lose house to foreclosure. Some lenders are quicker than others
She should try to renegotiate the loan if she thinks she can make payments in future
Houss will be dealt with bankruptcy or not
She will survive and start over takes time
...is behind on payments...
But in post #5 you said the house was long paid off. ????
Foreclosure may take 4
Months or more
After she receives
Notice of default
When they file
Foreosurse they will evict her
This is NOT about a loan/note on the house.
She filed a CH13 several years ago. I don’t have details yet as She has the paperwork at the office. She is bringing the file home tonight so I can read all the crap and catch up.
Doesn’t live in the house in PA, Her Mother used to but is now in NC with US due to medical/safety reasons as posted up thread.
I am NOT a lawyer. I own - have first lien - the mortgages on six properties through my IRA. Four of my borrowers are under bankruptcy protection. Here’s the way it works: the debtor applies for, and receives, protection. The court appoints a lawyer to act as bankruptcy trustee. The trustee manages the debt resolution plan designed by the trustee and approved by the court. The debtor turns over to the trustee all income. The trustee pays debts (minus a set percentage as a fee) to all creditors under the bankruptcy plan. That is Chapter 13. Now, if the debtor cannot forward all income to the trustee the debtor loses all protection and may be forced to forfeit all protected assets. So, there’s more to this story than you either know or choose to share. If your girlfriend can’t send money to the trustee the trustee is bound by law to inform the court. Has she lost her job? So, here are her options: she can get a new source of income ASAP to satisfy the bankruptcy plan. Option 2, depending on the numbers, is to sell the house, pay off the mortgage and other debts to start fresh. Yes, she’ll be broke, but she’ll be a lot happier than she is now. Here’s my only question: how much $ are you kicking in to help her?
Who actually owns the house?
TenaNts will be. Evicted
She can go online and she comparison. Of short sale vs foreclosure
Then contact a realtor with experience
If you freepmail me I’ll send link when I get home
There are lawyers who take ss disability cAses. Some take fee from
Any judgement in your favor
If the house is not owner occupied lender may be unwilling to do
She can start with customer service number
blf....will research and get back with you.
OK, so your girlfriend owns the house free and clear? Has been trying to sell it unsuccessfully, and now somebody’s going to foreclose due to her attempting to file bankruptcy? House is not her primary residence, it’s in PA, she’s in NC with you. House was occupied by her mother, is it her mother’s house? What payments have been missed, to the bankruptcy court, property tax?
I’m not sure who’s confused in this situation but it doesn’t make sense. Lay it out point by point, house, any liens, who are the debtors she’s seeking protection from in bankruptcy. Names of companies or individuals are not necessary, just what they are, finance company for the mortuary service, et cetera. If there are liens on the house, what are they, again actual names not necessary, property tax or whatever will suffice.
If the House is paid off and she is living in another state then she is likely not claiming homestead exemption. Probably the court will order that the house be auctioned off to pay outstanding debts. If your GF has a lot of outstanding judgments the creditors have probably already put liens on the property as has the County, State and IRS for any tax liens.
Usually if your vehicle is worth about $7,000 or less they let you keep it.
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