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

[ValleYum]

What a bee-yotch this Realtor sounds like. I would so be there the entire time. If she asked why I'd say, "We're bankrupt and sick, ma'am, we can't afford to be anywhere else for 5 hours."

I would also run for the bathroom making retching noises every 10-15 minutes or so during the duration of their visit.

[despritfreya]

An inspection has been scheduled for Saturday. . . AND a demand that we make ourselves scarce and not be there at all the whole time.. . .So then the tone turns. . . to telling us things like "if you are there and say something is wrong or isn't wrong, they can come back and make a claim against you later".

Absolutely NO. You should be present the ENTIRE time. Strangers walking in the home. What’s to say items won’t be stolen. What happens if someone gets hurt and alleges the injury was caused by your negligence?

And print this out for the realtor:

1. You are still the titled owner of the home;
2. Your job is to cooperate with the Trustee which means - not interfere with his duties. Leaving your home is not a requirement - unless ordered to do so by the Court. All you have to do is stay in the back-ground;
3. Trustee’s bond probably does not cover theft of your personal items or injury to a third party if it is alleged that the injury was the result of something you did or did not do (slip and fall on a banana peal comes to mind). Nor does it cover your children’s health issues if leaving the home causes any illness to get worse.

And as to any comments you may (but don’t) make, you are not liable to any buyer since you are not a party to the contract. The realtor has E&O coverage therefore any disclosures that are or are not made that are material to the decision of the buyer will fall to her and the seller (trustee) in any suit. Oh, as it relates to this point, tell her to stop pretending to be a lawyer.

Des.

[df04527]

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

[tobee43]

has des points out, you are still the titled owner of this property and their is absolutely NO court order that stating you must leave.

this person is NUTS really crazy and i so agree with the others that you must stay the entire time. for a few reasons (those pointed by des and others) and just to get her goat the (and the quote the queen of words and phases Valle) bee-yotch! i would follow them from room to room and take and if she tries to take you aside and tell you to get lost i would tell her to bad, make me.

[freeatlast09]

Just tell the real estate agent that you want to hang out at her place during the inspection. I'm sure she would be comfortable with that.

This whole thing is ridiculous - I mean a complete inspection without knowing what BofA is even going to do??? I guess I shouldn't be surprised. Nearly every real estate agent I've ever met is focused on three things 1) commission 2) commission and let me see.... oh yeah 3) commission.

Anyway - I hope all this goes well for you. Keep us informed.

All the best.

[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.

[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]

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.

[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 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]

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

[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!

[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!!!!!!!!!!!!!!!!

[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!

[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.