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341 Today - Ready as I can be!

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  • 341 Today - Ready as I can be!

    Just checked Pacer (how cool is that!). Looks like I'm No Asset. I guess that means they won't be asking for $$ for our old truck? Looks like one creditor filed a Special Notice Request. I guess that just means they want to see all the documents submitted. Haven't touched a credit card for more than 3 yrs and income/taxes confirms the drop in income, so I guess that's all they need to know.

    Taking copies of all docs submitted, SS card and DL.

    Okay, now I just have to get DH ready and in the car. It's funny how the ones that are less involved in the preparation for this thing are the most stressed. Thanks everyone here for your quick advice and shared experiences. I'm still nervous as h...
    BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

  • #2
    Originally posted by stray View Post
    Just checked Pacer (how cool is that!). Looks like I'm No Asset. I guess that means they won't be asking for $$ for our old truck? Looks like one creditor filed a Special Notice Request. I guess that just means they want to see all the documents submitted. Haven't touched a credit card for more than 3 yrs and income/taxes confirms the drop in income, so I guess that's all they need to know.

    Taking copies of all docs submitted, SS card and DL.

    Okay, now I just have to get DH ready and in the car. It's funny how the ones that are less involved in the preparation for this thing are the most stressed. Thanks everyone here for your quick advice and shared experiences. I'm still nervous as h...
    Remember our last I TOLD YOU SO, five minutes I will bet you no more. 'Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      Well, ours was about 20 min. It was difficult. He gave everyone that I saw today a hard time, so it wasn't just us. We had all the correct answers, but he seems to be creatively looking at my house.

      The house is on 2 separate tax lots, both on one mortgage. The back lot only has a 1973 built garage - no electric, no plumbing. The back lot is bordered on all sides by other properties. He said the way he sees the property is different that the way we see it. He says the garage could be knocked down, a house put up, plumbing and elect added. I said but there's no street access. He said you drive to it now, don't you? I said yes, but only through the front lot. He said did you ever hear of common access. I just said I don't know anything about that and then shut up.

      Seems that the lot lines would have to be re-written, I don't even know if there's enough space to satisfy current setback code. This is just so crazy to me. I have a CMA from a reputable realty firm stating the value of my total property to be about $45,000 less than what I owe. I'm allowed $50,000 equity in my state. I really don't know what to expect next. An appraiser showing up unannounced? It's just so unsettling.
      Last edited by stray; 08-15-2012, 05:52 PM.
      BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

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      • #4
        I'm so sorry that happened to you and is what I worry about also. Our meeting is a 11 am. I'm hoping the tt wants to go to lunch early and hurry us along one can only hope

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        • #5
          The trustee is referring to an implied easement across the front lot to the back lot. If one or the other lot were to ever be sold, that would have to be established in the deed(s). Did you purchase both together, or separately?

          Once, 'Hub bought two pieces of property side, by side. Bother were on a road (dirt) but not front and back like yours are. He went to the Property Appraiser's Office and petitioned to have both joined together as one lot, so he could build a home on one and have a nice yard on the other. The request was granted. He will have to be the one to tell you how that worked.
          "To go bravely forward is to invite a miracle."

          "Worry is the darkroom where negatives are formed."

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          • #6
            stray, what did you atty think about that? i mean this trustee cannot or shouldn't be thinking about easements and obtaining variances and such to access a possible asset, which i'm thinking that's what he's thinking about selling this as a building lot?? i mean, unless it's an accessible lot?

            you're correct, this sounds crazy, and again, i would like to know what your atty thinks about these questions. personally, and i don't know exactly, why, but some trustee's are just asking questions to make it ...well, not so easy? hopefully, thats all this is.
            8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

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            • #7
              pamkev, good luck to you, I'm sure yours will be the 5 min kind!

              AngelinaCat, both lots were purchased together, we're the 3rd owners and they always have been together.

              tobee, atty was busy with a few clients in a row, so we only briefly spoke afterwards. All he said was that since both lots were on the same mtg, that the property has to be considered as a whole. He said that we can always go before the judge if the trustee deems the property worth more. So atty didn't address specifically the splitting lots/building a house fantasy evaluation method.

              I also think part of this is because trustee doesn't live in this area and is not familiar with my neighborhood. Nobody is building anything new here -- it ain't pretty (but we want to stay!)
              BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

              Comment


              • #8
                Stray I am sorry that your meeting did not go well today. Hoping that things will reticfy themselves for you quickly.sammie
                Plan Completed 10 months early 09/24/2014 Discharged 11/04/2014

                Filed Ch 13 Aug. 2012 341 Meeting 09/12/2012 Confirmed 10/23/2012

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                • #9
                  I'm sorry to have lost my bet. Since both lots are tied to the Mortgage, before one is sold, the other would have to be paid off. I don't know what that jerk is wanting but the controlling interest cannot sell the back piece without giving a Prescriptive easement. You cannot sell landlocked land without a way to get to it. An easement means, you own the property, but you have granted the use of ingress and egress only. Is the legal description of both pieces on the Mortgage? If so that will quiet the Trustee. Seems he is a bit stupid. He cannot sell your property and MAKE you give away a chunk of your property rights for an easement. 'Hub
                  If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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                  • #10
                    Originally posted by stray View Post
                    pamkev, good luck to you, I'm sure yours will be the 5 min kind!

                    AngelinaCat, both lots were purchased together, we're the 3rd owners and they always have been together.

                    tobee, atty was busy with a few clients in a row, so we only briefly spoke afterwards. All he said was that since both lots were on the same mtg, that the property has to be considered as a whole. He said that we can always go before the judge if the trustee deems the property worth more. So atty didn't address specifically the splitting lots/building a house fantasy evaluation method.

                    I also think part of this is because trustee doesn't live in this area and is not familiar with my neighborhood. Nobody is building anything new here -- it ain't pretty (but we want to stay!)
                    well, it does sound like your atty is prepared, at least. i'm just looking in my minds eye seeing this trustee wasting tax dollars hiring someone to file all this paperwork to split your property and turn it into two buildable lots. i mean, they need to start getting real! i love oregon, my brother is in medford and the coast is my old stomping grounds. it's so beautiful there!

                    sorry OT....i just had to mention your kitty. we saved a little soul from the gas chambers about 8 months ago and he looks so much like your kitty!!! our poor guy had never even been held before we got him he's still hard to hold but now owns the entire house including claw marks in the new italian leather couch! (which is now his, i guess LOL!).
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                    • #11
                      'hub, what you said is exactly how I thought the easement thing works. I guess he's thinking that the value of both lots together should be higher because they can be split. The fact is that our next door neighbor's lot could be split too, just a little more paper work. So by his theory, any property my size should be valued based on it being split, shed/garages torn down, new houses put up, etc. The old houses here aren't selling right now, so that make perfect sense to cram more unsellable homes into this old neighborhood (houses are 1940's, 50's)

                      I'm hoping this just goes away. I'll check Pacer in a few days to see if anything has changed. I guess I'll see something noted on the case summary?

                      tobee, OT, congratulations on your new family member. I won't tell you how many we have We had a lot feral kittens in our neighborhood, so we spayed/neutered and found homes for the ones that wanted one. This one really is a stray. She comes and goes. We feed her when she's here. I tried to find a home for her, but I never know when she's going show up.
                      BK7 Filed 7/10/12 • 341 8/15/12 • Discharged 10/17/12 • Closed 5/6/13 Thanks to everyone here!

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