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    Objection to Homestead

    Where to begin?.....My only creditor is my former business partner who wants blood...actually she probably wants me in jail! Her and her attorney are convinced I have assets and there are none!

    Prior to the final hearing in Feb I wanted to protect my homestead and filed a designation of homestead to ensure my home was protected in the event I lost the case. Because of an appalling judicial system and the fact that I couldn't afford an attorney and the fact that my former business partner is a sociopath I lost my case. Shortly after, with the understanding that my homestead was exempt, I pulled the remaining equity from my house in order to fund some time I spent with my parents who live overseas and who are aging. I had been advised that the my homestead was exempt from the judgment and that I could pull out the equity and use it for living expenses.

    I filed Chapter 7 at the end of July and now the creditor's attorney has filed an objection to the homestead and backdated it to the day of the original judgment. The home is still my primary homestead...the mortgage is paid up to date...the utilities are paid up to date...I have not established another homestead...I have just been spending time overseas helping my parents.

    There is no equity in the house...in fact house prices have fallen since I took the equity out....the house is probably $20K upside-down.

    Can anyone think of any reason why he is objecting to the homestead when I am surrendering the home and when it clearly has not been abandoned? My attorney tells me not to worry but I have been dealing with this weasel of an attorney for 2 1/2 years now and I feel like he is setting me up.

    Why would he object to a homestead when I am surrendering the house? Can he try to say I withdrew the equity fraudulenty? I am losing sleep over this and I am terrified that there are trying to pursue some criminal action. I just don't see the sense in this.

    As of right now my attorney is filing a resonse that says the house is not abandoned but we are not objecting to the motion because it is a moot point because the house is being surrendered and there is no equity.

    Sorry for the long post....any thoughts?

    #2
    Originally posted by confusedinfl View Post
    Where to begin?.....My only creditor is my former business partner who wants blood...actually she probably wants me in jail! Her and her attorney are convinced I have assets and there are none!

    Prior to the final hearing in Feb I wanted to protect my homestead and filed a designation of homestead to ensure my home was protected in the event I lost the case. Because of an appalling judicial system and the fact that I couldn't afford an attorney and the fact that my former business partner is a sociopath I lost my case. Shortly after, with the understanding that my homestead was exempt, I pulled the remaining equity from my house in order to fund some time I spent with my parents who live overseas and who are aging. I had been advised that the my homestead was exempt from the judgment and that I could pull out the equity and use it for living expenses.

    I filed Chapter 7 at the end of July and now the creditor's attorney has filed an objection to the homestead and backdated it to the day of the original judgment. The home is still my primary homestead...the mortgage is paid up to date...the utilities are paid up to date...I have not established another homestead...I have just been spending time overseas helping my parents.

    There is no equity in the house...in fact house prices have fallen since I took the equity out....the house is probably $20K upside-down.

    Can anyone think of any reason why he is objecting to the homestead when I am surrendering the home and when it clearly has not been abandoned? My attorney tells me not to worry but I have been dealing with this weasel of an attorney for 2 1/2 years now and I feel like he is setting me up.

    Why would he object to a homestead when I am surrendering the house? Can he try to say I withdrew the equity fraudulenty? I am losing sleep over this and I am terrified that there are trying to pursue some criminal action. I just don't see the sense in this.

    As of right now my attorney is filing a resonse that says the house is not abandoned but we are not objecting to the motion because it is a moot point because the house is being surrendered and there is no equity.

    Sorry for the long post....any thoughts?

    They can't take your house...they can put liens on it...but do some more surfing & call some attornies...first visits are free...take advantage
    Filed Oct 2005discharged February 2007,Shapeless in the fire's glow, tell me if you think you know,
    Who it was we were below, where we've been and where we go

    Comment


      #3
      This is the attny that represented your former business partner raising the Homestead Objection, right??

      Is that attny Objecting to your Homestead Exemption with the BK??

      I'm a bit confused. Things are a bit hazy.

      You say you filed BK the end of July. The mortgage payments are up to date. But you are surrendering the house. Did you not reaffirm the mortgage(s) in your BK?? If you planned on surrendering, why did you continue paying payments during the BK??

      I'm guessing when you lost the law suit, the Court awarded some sort of monetary judgement to your former Business partner??

      If that's the case, and you BK'd on your former business partner, that attny is stirring the pot with his Objections. It could get the Trustee to digging further into your case.

      Have you checked PACER to see what's going on with your filing??
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment

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