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A few things

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  • A few things

    Got hit w/an AP. Thought we answered all of the allegations put forth by the Trustee,but guess not to his satisfaction.Our attorney said he would look into mediation but Trustee says nope. So now court date set for Dec.

    We are in NC. Our house is in foreclosure,no set date, and Trustee has lifted the stay of relief. We tried to work a loan mod w/the bank...BOA,but no luck. So we asked our attorney if he could. He says sure but wait till hearing. What if BOA decides to set a date before then??? Any thoughts on that??

    Also does anyone know in NC if we lose the AP then the secured debts we have,some smaller judgments and liens on our house,can we work something out with the creditors?

    Should we at this point fire our attorney and just start over w/a new one. Don't have a lot of money of course but may be worth it.

    Any ideas?

  • #2
    Ummmmmm anyone


    • #3
      Hi faroff

      Few questions: I just went back and re-read your prev. posts, so that I have an understanding of your situation, but its still unclear as to the AP. what was the AP for exactly? Is this for your LLC? primary House? Secondary house that was foreclosed on / quit claimed to you? Car? I understand you were trying to convert to a 13 but it didnt work, so you are in a 7. AP has to be due to assets of some sort or another.

      As to the bank / modification; your lawyer will not be able to do any better than you will in regards to trying to work out a mod plan - make sure you know upfront if your lawyer is charging you for it. You dont want to be hit with any surprise costs. Also - bottom line is can you afford the house w/out modification? If not, then its best to save the $ and rent a cheaper place that is more affordable to you. As for the secured debts you have - in either chapter if you want to keep them, you have to pay for them. Are you asking if you can actually cancel your Ch. 7? If so, then cannot; there isnt an option to do so in a 7 I dont believe.


      • #4
        Thanks for responding Pandora.

        "Few questions: I just went back and re-read your prev. posts, so that I have an understanding of your situation, but its still unclear as to the AP. what was the AP for exactly? Is this for your LLC? primary House? Secondary house that was foreclosed on / quit claimed to you? Car? I understand you were trying to convert to a 13 but it didnt work, so you are in a 7. AP has to be due to assets of some sort or another. "

        It seems this BK has been a comedy of errors. Our atty. was recommended to us by an atty.I knew that did primarily real estate.When we began our BK atty. introduced us to his paralegal that in his opinion walked on water! I honestly feel he did not pay enough attention to our case,got sloppy, and let her basically handle it. Hence we are hit with an AP.

        What the AP is for exactly I just do not completely understand. The trustee hit us with a list of allegations that I answered undeniably on the money. I had proof
        that backed up all of our answers. The trustee seems ticked off that we did not list the foreclosures on investment properties on our questionaire. I told him about them and he said he could obtain a list of all liens,judgments,etc. on us and I (foolishly trusting) thought the foreclosures were on there. So I honestly don't fully understand what the Trustee has against us.

        This is personal bankruptcy and not a LLC. The secondary house you mention was a property that was foreclosed on. A management group actually went inside after the sale date and cleaned it out. Then I come to find out at the initial 341 that it had been quitclaimed back to me!!?? I had no knowledge of this as I never received any notification or even thought to check any county records. What for? I know now the Trustee has not lifted the stay on on this property and has retained an attorney to sell it I believe. But he has lifted the stay of relief on my primary.

        I hope my answers are not vague, but it's honestly confusing to me. I am hiding no assets as I have none. I am back on my feet work wise as is my wife. I just want this behind us. We do own our car outright.

        As for the modification. We could meet the house payment. We looked into renting when all this first began as we were in basic despair. People we spoke to when we came clean w/them basically treated us like pariah. We want to keep our home. Just curious, if BOA has so many foreclosures and a homeowner can meet the payments,why would they need work with us? The only reason I wanted an attorney to speak w/them is I assumed he would know the right things to say better than me.

        I hope this gives you a better understanding and clearer picture of my situation. I really appreciate your advice and would be glad to answer any additional questions you may have. Thanks!


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