Scared

[montana]

We filed chapter 13 in January. My dad had put his house that was willed to him by my grandma in both of our names in 1996. He lives in the house with his family and has for many years. He should have willed it to me as i have no interest in the house. I have my own home with my family. But he just added my name. Our lawyer instructed me to quit claim deed the house back right before we filed. I did this. Now the trustee is objecting to our confirmation because he said we did not file in good faith. Our lawyer says we may have to voluntarily dismiss our case and refile in November if they cannot come to agreement. I am so scared that if we have to do this, our creditors are going to come at us full force. Please respond if any one has any suggestions.

[lrprn]

So sorry to hear you've found yourself in this mess, montana. Although you did not cause the problem and obviously had no intent to defraud, it can appear that way when quit claims are done as close to filing as yours was.

If you don't dismiss, since your trustee has already filed an objection against your plan because of the quit claim it's possible that he/she may go after your portion of the house's value forcing your dad to sell the house or for you to pay your portion to the trustee in cash or through a payment plan - something that I'm sure you want to avoid at all costs.

If you do have to voluntarily dismiss and refile later to get around the problem your dad accidentally created by adding you on as a co-owner of his house, then yes, your creditors are going to come roaring back to torture you for six more months. But when you refile, they will be have to go along with your plan just as they would have done if this filing had worked. You'll be harrassed by creditors for six more months - that's not easy but is surviveable.

Does your lawyer think that waiting six more months will resolve the question of filing in bad faith around the quit cliam since more time has passed?

[Flamingo]

I don't know when you initially investigated filing bankruptcy or when you advised your attorney of your name being on the deed to your father's house but that being done so close to your filing as you have found out was not a good thing. I don't know how competent your attorney is or if he was trying something out and thought he could get around it but if you have issues with his handling of the matter, you can always file a Complaint with your State Bar Association about the attorney as to his handling of the matter. That is awful that you have had that come up and may have to refile.