Nothing Going Right

[ValleYum]

He hasn't logged in since his last post.

Please just log on and let us know you are okay, ifucan. I hope you are getting emails for each new post so you know people are thinking of you.

[ifucan]

First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.

[IamOld]

ifucan - the people on this board are incredible - I don't honestly know where I'd be without these folks. WHatever sanity I have left, is because of them!!!!!!!

You know, you almost sound like you need a business bankruptcy atty...not a personal one???? But if you just left "stuff" off your schedules, can't you just amend???

At any rate, stay strong. I know it sounds cliche, but what else do we have left?

[keepsmiling]

Glad you are still with us. Keep fighting the good fight!

[ifucan]

First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.First, thank you so much to EVERYBODY for all of your kind wishes. You don't know me and yet you
took the time out to reach out to me. Thank you.

It's still rough, but I realized I had to put my big boy pants back on and keep pushing. I have my wife
and 2 beautiful kids and I can't give up.

Here's my story: I was in the Gym business for a long time. In 2005/2006/2007 I invested heavily in Real
Estate. I owned properties personally and also with partners. We flipped,like so many, and eventually became
Landlords, for a while cash flowing, and then a rent at any price just to get tenants. I was running out of money
and went the credit card route, borrowed against my home (STUPID!) and of course it all spiraled out of control.

So I decide the only thing left of course was to file Bankruptcy. My Real Estate attorney highly recommended
my current attorney as a good BK atty. Well, I fill out the Questionaire in great detail. He also states he has a friend
who can pull my file with any and all Judgments,Liens on me. Of course I assume("Ass out of U and ME"), that of course
includes all of my foreclosures. I also put on the Questionaire that a particular property was in foreclosure,AND mentioned
more than once I had FORECLOSURES.

Well of course the petition is filed, albeit we signed,BUT trusted the attorney we paid good money we did not have,
and who IMO put way to much on the shoulders of his Paralegal, "who worked for a Trustee", to do the work for him!!

The Trustee comes back with we did not list our foreclosures on the original petition (how is that a benefit
to us??), plus claiming we still had interest in properties owned by the company I was with with partners,which I did
NOT and have the signed and notarized doc. proving so. However we still ahve a AP???

We live in our house that we have not made a mortgage payment on in 2 years and yet not in foreclosure
proceedings. We have discussed rentals with potential Landlords but once we are honest about our situation,taht's
it.

Our "attorney" suggested we bring in another attorney to help out,BUT, none,according to him. will jump in
as they don't want to come on in the middle of a case.

So I'm at a loss. I just want to move forward and have security for my family.

[ifucan]

Sorry the post went again, I have no idea how that happened??!!

Anyway thanks again to all for the care and concern. There are some
really good people on here.

[discombob1]

So glad you checked in. I'm also sorry to hear of your trustee troubles but hang in there! There are lots of knowledgeable people on this board that can help. All I can offer is a big hug and an ear if you need to vent.

[ifucan]

Thanks Discombob! I really appreciate the kind words from you and everyone else.

What I also need now is some of those knowledgeable folks to please offer any
advice or insight on this for me. I am fighting for my discharge but I'm resolved to the fact
that IF I don't get it I somehow have to move on. I don't know how will be able to do such with
these incredible debts hanging over me.

[ifucan]

So if I don't get the discharge and still saddled with all these debts, where does one go
from there!??! I know in NC we have a 3 year statute of limitations, but some of the creditors
have already sued me and got judgments and I assume others will follow if we don't get our discharge.

Any thoughts???

[chicagoannie]

So if I don't get the discharge and still saddled with all these debts, where does one go
from there!??! I know in NC we have a 3 year statute of limitations, but some of the creditors
have already sued me and got judgments and I assume others will follow if we don't get our discharge.

Any thoughts???

ifucan - SO GLAD to hear from you!!! I don't know what time the BK gurus sign in. I am sure you'll get some ideas on how to proceed from the more expert folks here. I wish you could drag your incompetent attorney in front of the trustee and make him explain how you GAVE him the information about the prior foreclosed property, etc and he left it off your petition. Heck, I wish I could drag your attorney somewhere....hehehe....

[ifucan]

Thanks chicagoannie! "could drag your attorney somewhere....hehehe.... "

You and me both!!! Wife most likely leaving me....can't blame her. At least she will allow me custody.

Recession just kicked my arse!!!! No excuses as there were many screw ups and mistakes on my part.
But I can't dwell on the past and can only focus on now.

I have a job and it pays decently. I'm happy with it albeit I know I'll never have Warren Buffet looking over
his shoulder!

I have reserved myself to understand that I may very well not receive the discharge, which is not fair,but
it is what it is. I'm just concerned about the statute of limitations and getting sued and trying to live with the
debts hanging over my head for the rest of my life. I want to give my daughters everything I can but unfortunately
if I don't shed these debts that may never happen.

[IamOld]

Thanks chicagoannie! "could drag your attorney somewhere....hehehe.... "

You and me both!!! Wife most likely leaving me....can't blame her. At least she will allow me custody.

Recession just kicked my arse!!!! No excuses as there were many screw ups and mistakes on my part.
But I can't dwell on the past and can only focus on now.

I have a job and it pays decently. I'm happy with it albeit I know I'll never have Warren Buffet looking over
his shoulder!

I have reserved myself to understand that I may very well not receive the discharge, which is not fair,but
it is what it is. I'm just concerned about the statute of limitations and getting sued and trying to live with the
debts hanging over my head for the rest of my life. I want to give my daughters everything I can but unfortunately
if I don't shed these debts that may never happen.

If you can, you and I seem to be in a very similar boat...I HOPE that my bankruptcy will work - will find out from atty next week and hope that my likely CH 13 I will be able to afford. Being sued right now...meanwhile I hope to relocate to your state BEFORE the suit comes to trial...have interview there soon...AT LEAST!!! in NC they cannot garnish your wages. Another poster posted (and PLEASE ask a lawyer in Delaware before you do this!!!) that LOCAL/SMALL state chartered banks in DE are where they cannot freeze your bank account, BECAUSE DE state law does not permit freezing/garnishing of bank accts for PRIVATE (credit card etc) debt. So in NC your wages should be ok, and in DE your bank account SHOULD be ok...BUT PLEASE PLEASE PLEASE if you do this talk to a good DE bankruptcy/debt lawyer so there are no surprises....

Re spouse - same here...re kids - if spouse wants to leave - kids stay :-)

Good luck to you my friend. Please send me a PM if you'd like.

[ifucan]

Hi folks. Well this is still dragging on. Our primary is in the "foreclosure status,but no sale date yet". This I found after calling
BOA to inquire about a possible loan mod. as per HAMP, only to be told no as I've been turned down before,pre BK filing. Anyway
we'll see what happens there I guess.

Also in the meantime I get an email late this afternoon,Friday, from our attorney asking if I still had the key to a rental property I
had owned. This particular property was foreclosed on and all the stuff inside removed. Then out of the blue the attorney office that
handled the foreclosure must have made some sort of mistake and this property was quitclaimed back to me. All nothing I knew about.
So we're under AP, our attorney states we will end up going to court, but now I find out the Trustee is asking for the key to this
property so "he can have his realtor sell the property". I can't get in touch w/my attorney to ask him what's up as it's now the weekend.
Therefore can anyone maybe get in the trustee's mind as have any idea or thoughts as to what is going on. Is the trustee now possibly
leaning toward a discharge and looking to sell of this property to use toward our debts? Our primary has no equity, would he want that
too?

I know these are difficult questions to answer without all the full details,but based on this info are there any ideas or speculations?

Thanks again all.

[SunshineGal]

Hi Ifucan,

It sounds like the trustee might have found a loophole to overturn the foreclosure. With out knowing the details or NC law it's hard to say, but that is the only reason I can think of. It's also possible that the lien against the property was never perfected, and the lender didn't have a right to enforce foreclosure, therefore the trustee could get the property, sell it outright, and the lender would now stand in line with other unsecured creditors. Of course, this is all just a guess on my part and I'm not an attorney, lol. Either way, shouldn't really affect you too much.