Trustee to sell house [Archive]

sol1899

06-20-2007, 09:01 AM

I accidentaly posted this in "mortgage after BK" A year ago the trustee said he would sell my house so I just stopped making payments thinking that no matter what I would get my full exemption and no more cause I'm sure the trustee would find some way to keep anything left, over my exemption. I am now wondering if the trustee could say that the payments I did not make could count towards my exemption. In other words, If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00?

lrprn

06-20-2007, 09:53 AM

If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00? Is your house headed to foreclosure or are you still trying to sell it? I'm assuming you already filed, correct?

As far as not making mortgage payments affecting your exemption, there's no connection there. Your bankruptcy estate is set on the day you file. Anything that happens after that like not paying your mortgage doesn't count. Ask your lawyer to make certain that's the case in your state, of course.



	Bankruptcy Forum > Before the Discharge > Exemptions > Trustee to sell house PDA Trustee to sell house sol1899 06-20-2007, 09:01 AM I accidentaly posted this in "mortgage after BK" A year ago the trustee said he would sell my house so I just stopped making payments thinking that no matter what I would get my full exemption and no more cause I'm sure the trustee would find some way to keep anything left, over my exemption. I am now wondering if the trustee could say that the payments I did not make could count towards my exemption. In other words, If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00? lrprn 06-20-2007, 09:53 AM If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00? Is your house headed to foreclosure or are you still trying to sell it? I'm assuming you already filed, correct? As far as not making mortgage payments affecting your exemption, there's no connection there. Your bankruptcy estate is set on the day you file. Anything that happens after that like not paying your mortgage doesn't count. Ask your lawyer to make certain that's the case in your state, of course.