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very stressed in texas

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    very stressed in texas

    ok, a little background (first timer): we are in our 2nd year of a 56mon Ch 13. We purchased our first home at the first of the year. We went through our lawyer and got an amended j and, of course, approval from the trustee office.

    Today I get this letter in the mail (we just payed our first mortgage payment) stating that the amended j is "deficient b/c of failure to file signed original declaration for electronic filing for amended schedule j...." Then it says that the amended schedule j is "hereby STRICKEN (in bold capital letters) w/o prejudice to the re-filing..."

    What does all this legal mumbo jumbo mean ?? Can they take our house away ?? Decide that no, they aren't going to approve it even though the loan is done and the seller of the house has his money ??

    super stressed here and I know it will take a couple of days for the lawyer to get back with us. So any advice or explanation would so be greatly appreciated !!!

    I love this forum and really have recieved a lot of great info !!!

    lori

    #2
    Just guessing here, but,.........

    It sounds like the Court did not receive an original signed amended Sched J from your attny.

    The amended Sched J the Court did receive was not accepted because it was not an original, signed copy.

    Stricken without prejudice to the refiling sounds like your attny can resubmit the document properly to fix the situation.

    I hope that's it. That it's just a paperwork snafoo that can be easily fixed.

    Let us know what your attny says.
    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...

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      #3
      We got something like that also. It was as simple as that one of the papers wasnt filled out exactly right on one line or something, and because its a legal paper, can't just be crossed out or added, basically it just meant, do this over and send it back in. But they have to strike the incorrect one.
      In our case it was just something between the attorneys office and the court, it required no action on our part except to be notified.
      I wouldn't stress over it, I think its no big deal at all but of course you can call your attorney and double check.

      Comment

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