did you have to move from house after discharge?

[StEt0417]

Just curious if you didnt reaffirm the house, did the trustee tell you had to move from the house after discharge. Our attorney mentioned that the trustees can say you have to leave the house once your discharged if you dont plan on keeping it and are not current. Now he kinda just through that out there and ive been totally confused about it because i thought that you still had to goo through the foreclouser process even after you filed BK. Our plan is not to keep the house and we are not current but want to stay in the house as long as possible to save some $.

I havent had a chance to talk to my attorney again since he mentioned this so im curious form others experience if its even an issue i should stress about?

[helpme2010]

I was discharged weeks ago and my mortgage company is planning a sale of my house in a couple weeks. I don't think a trustee has anything to do with kicking you out of your house, only the lender (and you should still get a couple months or so at least).

[tyson24]

I think you are right and I was told by my attorney that my lender still has to go through the foreclosure process to get my home. We are just discharged, haven't made a payment on the house in over 2 years and collect rent from some renters we have in there. They still have to foreclose (and I welcome them to) to take over the home. I have never heard of a trustee saying you have to move. I don't even think they have any authority like that, but then again, I am not an attorney.

[tcreegan]

Hi StEt,

The trustee can't just say "get out" they have to go through legal channels like everyone else. I don't know if they have to follow state non-bankruptcy law, but at the least they have to file a "motion to turnover" in BK court.

Even then, the trustee has a duty to get as much as possible from the sale so unless you were trashing the place, they should want you in the house and maintaining the property.


But....is the trustee even going to bother w/ your house?

Unless there is a couple thousand $ of non-exempt equity, the trustee won't do anything.

[value of house] minus [mortgage balance] minus [homestead exemption] = non-exempt equity

If there isn't enough $ for the trustee to go after, they 'abandon' the house and it goes back to foreclosure or whatever the mortgage company was doing.

At any rate, you can stay until someone tacks a notice on your front door telling you to get out...

Tom in Colo

[StEt0417]

I was discharged weeks ago and my mortgage company is planning a sale of my house in a couple weeks. I don't think a trustee has anything to do with kicking you out of your house, only the lender (and you should still get a couple months or so at least).

How long where you behind on the house before you filed? We are 6 months behind, and have already been served, The bank keeps trying to get us to do a mod