341 and we get this so-called "diligent" trustee

[keepsmiling]

The few that I spoke with, including Picerne (a national leasing/management/owner company), wanted 2 years from discharge. However, strong credit and a strong employment history with no evictions or bad rental history, allowed me to be approved on a rental.

It's always good to be up front.

......and therein lies another problem with this carveout carp.
Sure, if you can live rent free post discharge for a few years, rebuilding credit, that's great. But if you are only just discharged and forced to leave, that allows no time for rebuilding . And possibly not for saving up enough for a substantial deposit either.

Crossing fingers for you R2BK~

[justbroke]

The few that I spoke with, including Picerne (a national leasing/management/owner company), wanted 2 years from discharge. However, strong credit and a strong employment history with no evictions or bad rental history, allowed me to be approved on a rental.

It's always good to be up front.

[Resigned2BK]

Hiya R2BK:

Property managers just want to see "discharged". All properties I worked with here in SWW were the same in that respect. I checked hubby's credit just a few days after d/c and it showed the discharged BK on the report in the public records section there was no difference once we were closed that I was able to see on our reports.

That's very promising to hear. I was wondering how these things appear on the credit report, so that's good that there's no difference between the look of discharged/open and discharged/closed. I was about to get into a fight the other day with a leasing assistant because she was getting kind of snippy about how she's never worked anywhere where an open bankruptcy was ok. Even after I'm explaining that we're discharged. I know I was taking it out on someone who is clueless, it just makes me mad.

[ValleYum]

Hiya R2BK:

Property managers just want to see "discharged". All properties I worked with here in SWW were the same in that respect. I checked hubby's credit just a few days after d/c and it showed the discharged BK on the report in the public records section there was no difference once we were closed that I was able to see on our reports.

[Resigned2BK]

Update as of May 14:

Buyers that scheduled the inspection cancelled their inspection last Thursday and requested a 15 minute walk through instead with the additional stipulation that we not be there. So we weren't. Nothing whatsoever further from them. No reschedule to inspect, no indication of things going to pending, actually, we're back to being active status again. Huh, go figure. We overheard conversation from a realtor showing her clients the following day (not the formerly mentioned dingbats) and we have a very strong suspicion that people just don't even understand the process AT ALL. Like as in these people have no clue (and apparently their ill informed realtors are equally clueless) that not only will they have to have that down payment to satisfy their mortgaging bank, they'll have to pay these trustee fees and carve outs etc with cash, not financed into the deal. We even had a phone message saying these last people were very very interested yet we overheard the guy saying they only have financing approval to get about $180K home price max. While previous dingbats are still in the picture with their low ball $170K offer, people are thinking that's actually what it was lowered to, so it'll be interested to see what happens when an if the dingbats drop out entirely and especially if there's no back up buyer waiting in the wings to pounce.

We are also having one heck of a heart attack inducing headache with figuring out if we can rent anywhere. Most of these applications even for the lower income restrictions "affordable program" housing all seem to say you can't have an open bankruptcy (yet they don't care a lick for foreclosure, go figure). I found one that said as part of the denials "Any open (non-discharged) bankruptcies." To me it's classic misconception thinking that discharge and closed mean the same thing. So.... the question is, how does it show on the credit report when you are between discharged and closed status??? We won't be able to check for another couple weeks as we were discharged on the 24th and want to wait for the credit reporting to be updated enough to show it. Anyway, just curious. We may check the credit report for one of us, then based on what we see (like as in not a glaring phrase of "discharged and open" or such effect) go ahead and apply just saying we are discharged and see if we pass their credit reporting or not. It's a waste of money we can ill afford, but if we can get housing, sure beats bunking with the inlaws for a month waiting for the trustee to get off his duff and close the case officially already.

Fun fun fun.

[Resigned2BK]

Ok, I'm sorry to get into more freak out stress puppy-isms here. !!!!

DH and I were looking at rentals Sunday night, he saw mobile homes selling for $30K range that were in ok neighborhoods and that we might be able to cough up a substantial amount of the down on (figured it might be a lot nicer and more stable than renting indefinitely). So I emailed our attorney yesterday a question about the legality and wrote that I know this isn't part of the bankruptcy so of course his time responding will have to be extra billed and we understand that. So he gets back to us starting this email with this ominous gem:

Our office has incurred quite a bit of time post-meeting of creditors on your bankruptcy case.

And then after that, basically telling us that we'd need court approval and that he wants to confer with colleagues about issues surrounding this. I quickly told him, ok, that clears things up, we don't want to bother, absolutely do not continue working on that issue further.

I'm seriously freaking out because when we signed the fee agreement and handed over the money, he was really pointed about saying that if anything outside of the normal thing happens (we switch to Ch 13, we have issues from the trustee from discovery of a hidden asset, etc) that we'd be paying extra. And he gave us a copy of the fee agreement too. Well, we also got a bill last month or so that was very confusing and seemed to be saying that what he's done is about $3K in excess of the $1600 flat fee. I'm pretty damned sure we can fight him if he tries to get ridiculous if need be because I will NOT have us give up most of our precious tax refund to this unhelpful twit, but it really does make me feel like I'm going to have a nervous breakdown. His contract info regarding flat fee in the agreement is as follows:

For the flat fee, Attorneys agree to assist Client in preparing bankruptcy schedules, statement of financial affairs and other associated documentation needed for filing Client's petition. Attorneys will also represent Client at the First Meeting of Creditors, and accept and respond to phone calls and correspondence regarding Client's case as appropriate. The flat fee does not cover the cost of filing amendments to the petition or schedules, converting the case to another chapter, representation of the debtors in dischargeability actions, garnishments, redemptions, judicial lien avoidances, relief from stay actions or any other adversary proceeding. The flat fee does not include court filing fees or other expenses incurred with respect to handling Client's case, which Client is responsible to pay. Court filing fees must be paid in advance of the filing for bankruptcy.

To my reckoning, I think he's done truly nothing extra beyond the "Attorneys will also represent Client at the First Meeting of Creditors, and accept and respond to phone calls and correspondence regarding Client's case as appropriate." The Trustee emailed him concerning what was required from us concerning the short sale stuff and passed that on to us. He sent a long email to us on that talking about what this means and what our options are (to either just comply or to seek to compel abandonment, the latter option meaning separate fees incurred) and we chose to just comply. We haven't been emailing him or his paralegal between that bit in February initially except to send notice that we completed the necessary financial management course. I'm afraid to even ask him to clarify as I don't want to stir up a hornet's nest!!! Frickity frick frack.

[Resigned2BK]

I wouldn't crate the cats either! Unless, of course, you thinks it better for the cats. I wish I could be a fly on the wall during this cherade. i know, video it!

The inspector has to go into a crawl space under the house which is accessed through our pantry. One of my cats (the hardest one to catch, btw) always makes a dash for the pantry, so it's guaranteed she'd go down there and we'd have a devil of a time getting her out. Plus she's very elderly and frail (though amazingly fast still). Absolutely cannot handle that kind of stress!

[keepsmiling]

I wouldn't crate the cats either! Unless, of course, you thinks it better for the cats. I wish I could be a fly on the wall during this cherade. i know, video it!

Yes PLEASE PLEASE do!!!!!!!!!!!!!!!!

[df04527]

I wouldn't crate the cats either! Unless, of course, you thinks it better for the cats. I wish I could be a fly on the wall during this cherade. i know, video it!

[tobee43]

LOL, Tobee. We have a certain animal smell that is here no matter if I just changed the litter box or not. I really don't have to try harder than that.

excellent!!!! oh yes, don't change the kitty boxes but i would still add the hard boiled egg smell, just for her

[Resigned2BK]

i just want to see what law she thinks she is referring to when she's demanding that you vacate the house?

none. too bad. and how can you leave anyway? where can you go? with gas at about 4 bucks a gallon and kids to tote around where the heck are you suppose to go???? why you don't you just go on a mini vaca???

make certain you cook FISH and CABBAGE in the morning. it would also be extremely helpful if you made deviled eggs and make certain you mix them when the yolks are HOT so the smell will penetrate and permeate through out the house. LOL!!!

LOL, Tobee. We have a certain animal smell that is here no matter if I just changed the litter box or not. I really don't have to try harder than that.

[tobee43]

i just want to see what law she thinks she is referring to when she's demanding that you vacate the house?

none. too bad. and how can you leave anyway? where can you go? with gas at about 4 bucks a gallon and kids to tote around where the heck are you suppose to go???? why you don't you just go on a mini vaca???

make certain you cook FISH and CABBAGE in the morning. it would also be extremely helpful if you made deviled eggs and make certain you mix them when the yolks are HOT so the smell will penetrate and permeate through out the house. LOL!!!

[Resigned2BK]

I would sooo be there the whole time also along with my dog who would bark, follow them around and sniff them to death!

Oh, that's another big reason why *I* specifically want to be there. We have housecats that will have to be crated or something. My carriers are pretty small, too small to subject them to confinement like that for 4 hours or so! If it wasn't starting to get pretty warm, I'd put 'em in my car to give them at least that place to be roaming and laying about. This entire situation sucks royally.

[keepsmiling]

Last time I heard, buying a house was a pretty big deal, maybe even big enough to take off an hour from work.....
If Sat doesn't work for you, it doesn't work.
Hope you can find some way to de-stress, even ask for a scrip. This is pretty major stress.

[Resigned2BK]

All I can say is that I love you guys. I should add that they have no interest in the kids being sick while the inspection is going on and they'll delay it out a week if we tell them such by Thursday. We're going on day #2 that eldest is home from school, bless her heart. It's really a bummer because this is no sham. DH was sick first with flu back in late Feb when this agent wanted to initially come over to take pictures for the listing, he kept being sick with flu turning into bronchitis, then I caught his bronchitis in the middle of March and took a few weeks to get over that myself. The kids have had bronchitis for a few weeks in that time too (they caught around when I did) and eldest has never stopped coughing even though the pediatrician told us last week that she needs to because her lungs and throat are fine now. Well, now her head is stuffing up!!! It's the freaking stress that is killing us all, I think.

So we'll just see what happens. We have our own reasons why it wouldn't be so good to have them decide to book for the following Saturday as they won't book for a weekday as they sound like 9-5ers. I think we got a reputation for being hard to get along with (GOOD!) and so therefore the agent's office is trying to telling us what is what. Well too freaking bad, I say. We are complying with letting people in to do things, we just have a requirement that we want to be around to make sure our stuff doesn't get destroyed by people who are not likely to ever care. We don't want to live with all our stuff in a super cluttered state, but at the same time if actual in-the-moment sickness doesn't take our energy to do more than make sure to keep fixing food and some basic laundry, then the depression makes us want to crawl in bed and sleep half the day away.