341 today...did not go as planned

[kbaker121787]

Cars were abandoned as expected. Our lawyer had another conflict so he had another lawyer step in for him. We get called up and asked about the value of our house and if we want to keep it. We owe 132k on it, lawyer put the value of it as $145k (he's also a real estate agent if that helps) as it needs work and updating. County values it at 155k and the comps go from 120-180 in the neighborhood. Trustee did not say he was going to abandon it but said we have to file the homestead exemption paperwork in the county we live in. Of course as soon as we get outside I burst into tears. The lawyer there and our lawyer have reassured me that the trustee will not make us sell the house but I still worry. We would have nowhere to go as our mortgage is only 1100 a month and rent starts at 1500 here. I don't think I am going to sleep until I know what will happen with the house.

[justbroke]

Huh? Why are you worried when the Trustee said to just file the homestead exemption? A homestead exemption appears to cover any equity. Apparently, you never filed a homestead exemption. The Trustee is allowing you to file it and protect your homestead.

I'm sorry if I don't sound sympathetic, but I don't know what you are worried about? The Trustee did NOT say s/he was going to sell it. They would have said something right then. They told you and your attorney how to make sure the paperwork is all nice and clean by filing the homestead exemption. (You apparently claimed the homestead exemption in your Petition (bankruptcy) but you did not file a homestead exemption with the County.) In Florida, the homestead exemption is just claimed with the taxing authority and marked on your tax records. I don't know where you live, but apparently you file a form and it's probably "recorded" so that creditors know.

Please relax and go to sleep! Let your attorney help you complete the required form and file the form. Bankruptcy is a highly technical process where paperwork matters. You have a minor paperwork issue. Once corrected the Trustee will complete his/her task. You're actually holding up the Trustee because the Trustee apparently sees that it's exempt, but you have a paperwork issue. The Trustee is givin you "leave" to amend. I'm sure you're in very capable hands with your attorney.