Bankruptcy Forum

Chap 7 Problems...

Heather
09-03-2004, 03:54 PM
I will keep this short and to the point. Filed Chap 7, attorney exempted property and now the Trustee is going after it. lawyer says we have a good chance of winning but what if I dont. Other family members co-own the property with us. Can we dismiss our case. i was already stressed before and that is why I filed. Now it's become a total nightmare. I can't let the Trustee do that even if it means dropping my BK and dealing with the creditors. HELP!

HRx
09-08-2004, 06:11 AM
I will keep this short and to the point. Filed Chap 7, attorney exempted property and now the Trustee is going after it. lawyer says we have a good chance of winning but what if I dont. Other family members co-own the property with us. Can we dismiss our case. i was already stressed before and that is why I filed. Now it's become a total nightmare. I can't let the Trustee do that even if it means dropping my BK and dealing with the creditors. HELP!

Are you saying that your Chp 7 was already discharged? The creditors must see that your home has a considerable amount of equity in it. This sort of action isn't uncommon. You and your attorney are going to have to sit down and do a little number crunching to show that the creditors are wrong.

Good Luck!

:)

bart
10-05-2004, 02:41 PM
I will keep this short and to the point. Filed Chap 7, attorney exempted property and now the Trustee is going after it. lawyer says we have a good chance of winning but what if I dont. Other family members co-own the property with us. Can we dismiss our case. i was already stressed before and that is why I filed. Now it's become a total nightmare. I can't let the Trustee do that even if it means dropping my BK and dealing with the creditors. HELP!


heather is it posable to get yourself off the deed and then be put back on after bk?
i kind of have the same problem

emoney
10-04-2006, 11:36 AM
To Bart, if that is done you will be subject to time in Club Fed.
Thanks,
emoney

Interlaw
10-04-2006, 07:22 PM
I will keep this short and to the point. Filed Chap 7, attorney exempted property and now the Trustee is going after it. lawyer says we have a good chance of winning but what if I dont. Other family members co-own the property with us. Can we dismiss our case. i was already stressed before and that is why I filed. Now it's become a total nightmare. I can't let the Trustee do that even if it means dropping my BK and dealing with the creditors. HELP!
You can dismiss a Chapter 7 only with Court approval.

Even if the Trustee wins, you can always buy back the property from the Trsutee (which is probably what he/she is looking for).