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    Trustee to sell house

    I accidentaly posted this in "mortgage after BK" A year ago the trustee said he would sell my house so I just stopped making payments thinking that no matter what I would get my full exemption and no more cause I'm sure the trustee would find some way to keep anything left, over my exemption. I am now wondering if the trustee could say that the payments I did not make could count towards my exemption. In other words, If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00?

    #2
    Originally posted by sol1899 View Post
    If my exemption is 75,000.00 and I did not make 10,000.00 worth of payments after I filed would my exemption be reduced to 65,000.00?
    Is your house headed to foreclosure or are you still trying to sell it? I'm assuming you already filed, correct?

    As far as not making mortgage payments affecting your exemption, there's no connection there. Your bankruptcy estate is set on the day you file. Anything that happens after that like not paying your mortgage doesn't count. Ask your lawyer to make certain that's the case in your state, of course.
    Last edited by lrprn; 06-20-2007, 08:57 AM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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