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    Can I sell off stuff to pay bills?

    I need to come up with money to pay my truck payments before they take it. I filed on June 4th and had my 341 meeting but have to go back becasue I didn't have my social security card with me. Plus I have a mess on my hands with two properties (condos) with some refi's and a Roth IRA with Real Estate in it. I filed Pro Se to boot and got raked over the coals at the 341. The trustee is not nice and I believe she thinks I am hiding something which I am truly not. I am losing both condos and I am will be losing the property and the IRA as well. Now she order an appraisal on my personal belongings. All said and done I am going to be left with nothing. I no longer sleep at night and apply for jobs every day with no luck. Never in a million years would I have thought I would be here and here I am. I have called two lawyers to try and get them to help me and both did not call back and won't return my calls. The second one said I didn't need an attorney if I was willing to give everything I had. Gee thanks. The real crappy part about this whole thing is I am totally honest and have nothing but a couple of tvs, furniture a couple of computers and clothes. The beginning of this thing has been nothing resembling smooth and I don't forsee anything soon being easy. Good luck to everyone going through this. It takes a lot to keep your head up when you are being beat down on a daily basis. As far as jobs, I am in SW Florida and they just will not hire me here. Of course I have little family here and only been here 2 years. I have a job waiting for me back in NJ tomorrow if I wanted it but I have to stay here and see this through. Even if I had a job, I would have to be up 24 betweeb that and getting all the information needed for the trustee. Pure and simply this sucks and hope and pray that this doesn't get dismissed. Oh yeah and everyone but the mortgage compnay in the condo I live in now has been grated a relief of stay and the credit card company is fighting to keep my debt alive too. Lucky me! Good luck to all. Now can I sell of stuff to pay my truck or is that a no no?

    #2
    Sounds like you are having a rough case .

    I'm not sure if you can sell any property without the permission of the Trustee , I think any non exempt property is considered to be part of the trustee's account.

    Maybe look around and see if anymore lawyers and schedule meetings with them.

    Are you still paying everything else that you planned to let go?

    Perhaps explain to the one you want to save your truck, perhaps that will help incline him to assist you.
    May 31st, 2007: Petition Filed by my lawyer
    July 2nd, 2007: 341 Meeting Held
    September 4th, 2007: Discharged and Closed.

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      #3
      You cannot sell anything off until your case is over without permission of the Trustee.....
      Sounds like you needed an attorney and went pro se....... a mistake that many make and live to regret.......
      On the cc debt, did you do any advance checks, or charge a large amount in the last 90 days or so..?? Or a big balance transfer to another card?
      Hopefully you will find an attorney that will look at your case and give you an honest opinion of where you stand right now......
      You may have dug a hole, you can't get out of now......
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment


        #4
        yeah, I agree with minny, I went pro se but I don't have any property. When you have assets even if you are going to let it go it is best to hire a lawyer because the case can get tricky. I was told by a lawyer that we did not need a lawyer because we have no assets and even though our income is a little over the median the payroll deductions makes our case pass the means test plus my health problems will result in unexpected expenses so chpt 13 is not an option because you will be pretty much on a fixed income and we have no disposable income for errors in our life.

        If we owned even one house I would have ran to a lawyer, Trustee will try to find any asset you have and owning a home is usually it, the problem is you owned two homes and IRS.

        Please don't give up, you have to fight this one on your own but it can be done. The trustees is going to try to bully you into chpt 13 but just keep fighting, you will win.
        Success is reachable, stretch out your arm and grab it.

        Comment


          #5
          Oh dear, that doesn't sound like it is going very well...

          You've just got to hang in there - remember IT'S ONLY STUFF.

          Sounds like your trustee is going to make you work for it, so just give her whatever information she wants. Try not to let it get you down.

          Why have your creditors been granted relief of stay?

          It might be best for you if you DON'T make too much money right now. But of course you've got your bills to pay - can you take a crap job, just temporarily?

          See if you can find a job that is easy and fun - something that keeps your body busy and gets you out into the public where you have to talk to people. I found that one of the worst side effects of bankruptcy is the feeling of isolation and the slow eroding of your self- esteem.

          It's IMPERATIVE that you keep your spirits up and don't let yourself curl up into a fetal position.

          One way to keep busy is to volunteer at something while you are looking for a job. Everyone has something to offer somewhere, and help is always needed. Volunteering will get you out with others who care about the same things you care about - you will meet people and have conversation and laughter - THIS IS WHAT YOU NEED.

          Helping others or working for a cause you care about can really boost your sense of self-worth, and help you to cope with all the bad news coming your way right now. It also might lead you to a paying job - this has happened for me more than once!

          Don't give up - this will pass, and you'll be standing on the other side of it someday. even if that day seems pretty far away at the moment.

          Comment


            #6
            Keep contacting bankruptcy lawyers in your area. You are going to have to pay a lawyer extra to undo the mistakes you made filing pro se with significant assets, but at least you're more likely to come out of it with a few of your belongings intact.

            Agree with all the other advice you've already been offered. Hang in there and keep posting here - we'll help you as much as we can and are always ready and willing to listen as needed.
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              Funny thing is, I really don't have any assets. I owe much more on both properties than what they are worth including the vacant lot that is partially in my IRA. I bought everything before Real Estate took a nose dive here. I am supplying the trustee with everything she is asking. I really am buried in everything I own and I think the trustee thinks I have a lot of assets which I do not. As far as jobs, I have been trying to get a small job making little money just to get some bills paid but they won't hire me because I am over quailifed. Go figure. I left NJ for year round warm weather. Never thought the price of sun was going to be so expensive Thanks for all the encouraging comments.

              Comment

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