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Converting from a Chapter 7 to a 13 before house is sold

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    Converting from a Chapter 7 to a 13 before house is sold

    So in a Chapter 7, the trustee can object to proofs of claims. In my case, I think he would want to considering the underlying factors and broken chain of title. It's an old Countrywide loan that was part of the BOA and Fannie Mae settlement. I never got to find out what all the issues were concerning my loan but I did learn through a title attorney, the house is not properly titled to me. Countrywide was notorious for losing the note and it looks like Fannie Mae has kept the note from being assigned to it so that whoever is servicing the loan eats any losses. It is weird and confusing. I can't locate my loan in any of the trusts. It's almost like it doesn't exist except for the assignments that are also messed up.

    So what if the Chapter 7 gets the claim expunged (I know, this is a dream) could I convert from a Chapter 7 to a Chapter 13 in that case? How would that work?

    I am going over all the scenarios in my head and looking at everyone of my available options.

    #2
    If you're in a Chapter 7 and the Chapter 7 Trustee gets clear title, they are going to sell that property. In reality, though, most Chapter 7 Trustees don't want to get into expensive litigation which will bear little if any fruit. Also, if the home was free and clear after the Chapter 7 Trustee got their hands on it, converting would mean that you'd still have to pay 100% the value of the home in the Chapter 13, or 100% of the allowed unsecured claims, whichever was lower.

    A Chapter7 Trustee makes about $70 on each case, unless they find something to liquidate. They are not looking at long dragged out litigation into real estate issues where they could spend thousands of their own money and not get a single nickel in return.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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