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    Not looking good...pretty sad story

    I had posted on the Ch 13 forum since back in May, but in october, I was summarily 'dismissed' from Ch 13 for allegedly having too much unsecured debt, so I was forced to file a 7.

    The debt was an investment property that was actually fully secured, but it was the only way ex and his cronies could get my bk dismissed.

    Instead of being able to convert to a 7, like normal people, I was forced to file a new 7 which meant that the auto stay was in effect for only 30 days.

    The whole bk was about keeping my home, which is not in foreclosure or arrears, but 40% of it is owned by a troublesome loon (ex) who has favors in high places in the local judiciary.

    I actually hoped that the Trustee in the 7 would keep the home so that it could sell for what it is really worth rather than be 'given' to ex's little 'friend'. At first the Trustee said she objected to abandoning the house, but after I left for a trip to visit daughter, she suddenly changed her mind and decided to abandon it. Ever the optimist, I thought ok, I'll just ask the fam court (crooked judge was forced to retire in August) to let me buy out ex's share as I have financing in place and can make the home supplement my social security income by renting out the caretaker's apt and another suite in the house.

    But never underestimate ex's and their friends at court. I returned home to find that even though my home was still under the 30 day automatic stay protection afforded me by the Ch 7 filing, that the Receiver, authorized to preserve the home, sell it for max value and other things which he hasn't done while helping himself to over $100,000 so far of my money (taken out of the sale).....had asked for and received a Notice of Eviction (Writ of restitution in my state) and I was to be evicted within hours of my return home.

    On Monday (last) I was dispossessed of my home. And now it is or will shortly be sold to the lowest bidder, despite my contract to purchase ex's 40% being the highest and best price and having a priority right of first refusal. My attonrey says that none of this could /should have happened as a matter of law. But her emergency motiion for stay/injunction/hearing was first sat on (until the house was emptied) and then denied without explanation.

    Although I have a great lawsuit against the Receiver, and perhaps will get some redress through the bk court for violation of the auto stay, I'm still homeless and my house is being sold in a shroud of secrecy ...ex and crooked judge are most certainly behind this and of course the Receiver is actively trying to get as much money as he can before he is terminated (upon sale) so that I can't sue him (if he's terminated before I file)

    Its hard to believe that with so many people losing their homes because they can't afford payments, that I have lost my home just because ex is out to destroy me.
    Renting is more expensive than ever here. A small home $2500/month +utilities. Can't afford that on my $890 social security.

    So I'm on a friend's couch and my dog and cat are farmed out to other friends.
    I had my 341 and ex's attorney was there with his ugly self, telling the trustee that she could take my cash on hand even tho it is the last of my alimony, and that she should also take all the payments I made on my secured investment that is now unsecure.....well good luck to her if she can wring anything out of me!

    For those still reading:
    I do have a few questions: one is the money in my accounts as of the day of filing the 7. If i owe it to the IRS for 2010 taxes that I was supposed ot pay quarterly, can the trustee try to take it anyway?

    #2
    Unfortunately, no matter what you owe, the money in the account at the time of filing belongs to the bankruptcy estate.

    My heart goes out to you! You have fought such a good fight against pond scum. I am appalled, and I hope your ex gets EVERYTHING he has coming and more!! (and I ain't talking good things either!!) Karma is gonna sucker punch him and he's going down.

    I wish you the very best of luck in the next weeks and months as you get through this. Wish there was something more any of us could do or say, CoBelle.
    Filed pro se, made it through the 341, discharged, Closed!!!

    Comment


      #3
      Oh, Belle... my heart goes out to you. I may be able to help you with one of your questions, though. Have you filed the 7 yet? If not, why not just pay IRS the quarterly estimate right now? It's certainly a valid expense.

      Comment


        #4
        Belle, This IS a sad story. I can't answer your question directly, but I wanted to chime in that I really empathize. I went through a divorce with a bi-polar ex. He dragged it on for 4 years. Just to spite me. He had cronies too - In high places with too much time on their hands. I had to file at least 7 police reports due to their shenanigans. It was the darkest period of my life. No restraining orders or officers of law or court could do anything to make me feel secure. Keep being the better person; it WILL become ancient history one day.

        Also, I owe a chunk for 2010 and need to start paying on it now. So the answers you get here will be valuable to me.

        Maybe I missed it, but what are the exemptions for cash on hand in your state?

        Keep posting.
        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~
        8/10 - began researching bk, 9/10 - stopped paying ccs, 10/10 - paid atty fees, 11/10 - filed c7 - over median income , 12/22 - 341, 12/23/ - no distribution

        Comment


          #5
          So sorry. Is there no one (like a reporter) who can advocate for you? Expose the bad guys?

          Keep On Smilin'

          Comment


            #6
            Thanks guys. there is no cash on hand exemption for my state. But I keep reading that if you get alimony and it is necessry for support that they can't take it. Of course, I filed on Oct 25 and it sure isn't there now. My 13 attorney (I don't have one for the 7...she quit midstream) listed alimony as exempt, so we will see. Can't take blood from a stone and all that.

            Losing the house is the hard part....it was my 'fresh start' I'm writing everyone including the President. the only problem is that reporters don't like to mess with divorce and crooked judges......so I've tried hard to just concentrate on being unnecessaarily homeless and going from there.

            I'm sending the 7 trustee the info she requested at the 341 last week.

            again, thanks for your kind words and empathy!

            Comment


              #7
              I'm so sorry for all of this you are going through. : (

              I wish I our words could help you "stay strong," but I know from experience that sometimes it just has to play out to the bitter end before it gets better. I too hope that karma comes around for all of the crooked people in this world.

              Comment


                #8
                I am so sad for you. I was hoping for a much better outcome. You have gone to great lengths and fought a good fight. I hope it finds an ending very soon with the best possible outcome.
                Stopped paying 8/2010, Filed 2/2011, 341 3/2011 done, Report of no distribution . . . Discharged & Closed 5/2011!

                Comment


                  #9
                  Originally posted by CoBelle View Post
                  I had posted on the Ch 13 forum since back in May, but in october, I was summarily 'dismissed' from Ch 13 for allegedly having too much unsecured debt, so I was forced to file a 7.

                  The debt was an investment property that was actually fully secured, but it was the only way ex and his cronies could get my bk dismissed.

                  Instead of being able to convert to a 7, like normal people, I was forced to file a new 7 which meant that the auto stay was in effect for only 30 days.

                  The whole bk was about keeping my home, which is not in foreclosure or arrears, but 40% of it is owned by a troublesome loon (ex) who has favors in high places in the local judiciary.

                  I actually hoped that the Trustee in the 7 would keep the home so that it could sell for what it is really worth rather than be 'given' to ex's little 'friend'. At first the Trustee said she objected to abandoning the house, but after I left for a trip to visit daughter, she suddenly changed her mind and decided to abandon it. Ever the optimist, I thought ok, I'll just ask the fam court (crooked judge was forced to retire in August) to let me buy out ex's share as I have financing in place and can make the home supplement my social security income by renting out the caretaker's apt and another suite in the house.

                  But never underestimate ex's and their friends at court. I returned home to find that even though my home was still under the 30 day automatic stay protection afforded me by the Ch 7 filing, that the Receiver, authorized to preserve the home, sell it for max value and other things which he hasn't done while helping himself to over $100,000 so far of my money (taken out of the sale).....had asked for and received a Notice of Eviction (Writ of restitution in my state) and I was to be evicted within hours of my return home.

                  On Monday (last) I was dispossessed of my home. And now it is or will shortly be sold to the lowest bidder, despite my contract to purchase ex's 40% being the highest and best price and having a priority right of first refusal. My attonrey says that none of this could /should have happened as a matter of law. But her emergency motiion for stay/injunction/hearing was first sat on (until the house was emptied) and then denied without explanation.

                  Although I have a great lawsuit against the Receiver, and perhaps will get some redress through the bk court for violation of the auto stay, I'm still homeless and my house is being sold in a shroud of secrecy ...ex and crooked judge are most certainly behind this and of course the Receiver is actively trying to get as much money as he can before he is terminated (upon sale) so that I can't sue him (if he's terminated before I file)

                  Its hard to believe that with so many people losing their homes because they can't afford payments, that I have lost my home just because ex is out to destroy me.
                  Renting is more expensive than ever here. A small home $2500/month +utilities. Can't afford that on my $890 social security.

                  So I'm on a friend's couch and my dog and cat are farmed out to other friends.
                  I had my 341 and ex's attorney was there with his ugly self, telling the trustee that she could take my cash on hand even tho it is the last of my alimony, and that she should also take all the payments I made on my secured investment that is now unsecure.....well good luck to her if she can wring anything out of me!

                  For those still reading:
                  I do have a few questions: one is the money in my accounts as of the day of filing the 7. If i owe it to the IRS for 2010 taxes that I was supposed ot pay quarterly, can the trustee try to take it anyway?
                  belle...i have been away in calif and only on the site brief moments at a time....

                  i cannot tell you how sorry i am to hear this...i know the last you were looking for an atty to help and ended up filing everything yourself....

                  can you...and i don't want to sound like i would something illegal...but could someone bid on the house for you....( I DID NOT SAY THAT)......but this is such a mess. i just feel so terrible for you...you have just fought and fought...ahhhhhhhhhh.....

                  i hope someone or maybe one of the attys on the site may have a suggestion....i know you want to keep your house. i wish you the best!
                  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


                    #10
                    CoBelle, I remember you from the 13 forum and I've been trying to keep up here. I don't have anything helpful to add, but wanted to say that I'm sorry you are going through this nightmare of a situation. Hang in there, and please do keep us posted.
                    DH laid off 3/08 | Last mortgage payment 12/09 | Filed Ch13 5/10 | Converted to Ch7 7/10 | 341 held 8/10 | AP filed by secured creditor 10/10 | Ch7 discharged & closed 11/10 | Foreclosure 10/2011

                    Comment


                      #11
                      (second post...lost first)

                      Not much new to report but I wanted to thank you all again for your kindness and compassion re my plight.

                      Hard not to feel like a victim in all of this, but I'm trying to look at the brite side: REVENGE. I wish I were a biker mama so I could get a few people 'talked to', but alas, I got nuttin.

                      My attorney is empathetic but strangely inept at just not knowing what to do. I've mailed my emails asking for help...still trying to send out 4 a day so best get busy again.
                      Hope you all have a Merry Xmas or other winter Holiday. I find the support here lifesaving...thank you all

                      Comment


                        #12
                        Originally posted by CoBelle View Post
                        (second post...lost first)

                        Not much new to report but I wanted to thank you all again for your kindness and compassion re my plight.

                        Hard not to feel like a victim in all of this, but I'm trying to look at the brite side: REVENGE. I wish I were a biker mama so I could get a few people 'talked to', but alas, I got nuttin.

                        My attorney is empathetic but strangely inept at just not knowing what to do. I've mailed my emails asking for help...still trying to send out 4 a day so best get busy again.
                        Hope you all have a Merry Xmas or other winter Holiday. I find the support here lifesaving...thank you all
                        i just wish you the best...really...you have been through so much and you will make it through this....it's just been a longer path. but there is an end to it all!

                        try and enjoy the holidays...if you can!
                        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


                          #13
                          Last night I learned that what I've feared has come to pass. The house was 'sold' on Dec 19 and my share is less than nothing...not even my state mandated homestead exemption. The judge and his cronies managed to take it all, and tho it is illegal as murder, they will get away with it.

                          I've had friends advise that I need to contact the media, but the advise is diverse....write about the divorce, the judicial corruption, don't write about that. Keep it to a page. Write in the 3rd person. Use a short headline. I've written a 100 pages trying to come up with something good. I'm going to post on a separate post the latest for your critiques. Don't be afraid to post or PM any replys.

                          Comment


                            #14
                            i posted on your other thread.....GO GET THEM...that's why i say....
                            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

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