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Who prevails : bankrutpcy court or state court?

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    Who prevails : bankrutpcy court or state court?

    In my case, the bk court abandoned my home with a contingencylisted in the ORder of Abandonment that in the event of a sale of my home, that after my bankruptcy determined homestead exemption (I claimed it, no one objected) was deducted from my share of sale proceeds that the balance (after closing costs and superior liens) would be liened by the Trustee fbo The Estate.

    Well, the house was sold in a secret sale by a crooked Receiver who pocketed most of the money and gave the rest, including my homestead exemption, to my EX.

    So, do I asked the state court to GIVE ME MY MONEY and it has delayed any ruling for voer 6 months.

    My question is: should I have just done my objecting in the bk court? The sale division was in violation of both the state court orders regarding the sale and also the bankrupcty 'contingentcy' order of abandonment. So who has jurisdiction here?
    Unfortunately in my case, we all know that the state judge is not an impartial one....hence, my concerns.

    I am currently writing a BRIEF for this judge (the divorce judge replacement) in re applicabliity of the homestead in dissolution cases. Found plenty of case law allowing the exemption to be paid, even if it changes the division of assets in a dissolution. But in my case, paying my homestead exemption from my share of the sale price, does nothing to change the amount of money that my ex was to get from the sale.

    Comments?

    #2
    Me again...doing a rewrite.
    Guess what I'm asking is:
    who has jurisdiction if the lower court doesn't do what the bk court tells it to do and where do i direct my objections?
    Today I filed a Brief in the family law court that allowed a Receiver to take my homestead exemption money and give it away t omy X..no hearing or motion involved.
    The bk court told the Receiver and lower court to give me my homestead exmeption from the proceeds of sale.

    So do I complain to the bk court that the bad lower court won't listen to it?

    Comment

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