Where to begin?.....My only creditor is my former business partner who wants blood...actually she probably wants me in jail! Her and her attorney are convinced I have assets and there are none!
Prior to the final hearing in Feb I wanted to protect my homestead and filed a designation of homestead to ensure my home was protected in the event I lost the case. Because of an appalling judicial system and the fact that I couldn't afford an attorney and the fact that my former business partner is a sociopath I lost my case. Shortly after, with the understanding that my homestead was exempt, I pulled the remaining equity from my house in order to fund some time I spent with my parents who live overseas and who are aging. I had been advised that the my homestead was exempt from the judgment and that I could pull out the equity and use it for living expenses.
I filed Chapter 7 at the end of July and now the creditor's attorney has filed an objection to the homestead and backdated it to the day of the original judgment. The home is still my primary homestead...the mortgage is paid up to date...the utilities are paid up to date...I have not established another homestead...I have just been spending time overseas helping my parents.
There is no equity in the house...in fact house prices have fallen since I took the equity out....the house is probably $20K upside-down.
Can anyone think of any reason why he is objecting to the homestead when I am surrendering the home and when it clearly has not been abandoned? My attorney tells me not to worry but I have been dealing with this weasel of an attorney for 2 1/2 years now and I feel like he is setting me up.
Why would he object to a homestead when I am surrendering the house? Can he try to say I withdrew the equity fraudulenty? I am losing sleep over this and I am terrified that there are trying to pursue some criminal action. I just don't see the sense in this.
As of right now my attorney is filing a resonse that says the house is not abandoned but we are not objecting to the motion because it is a moot point because the house is being surrendered and there is no equity.
Sorry for the long post....any thoughts?
Prior to the final hearing in Feb I wanted to protect my homestead and filed a designation of homestead to ensure my home was protected in the event I lost the case. Because of an appalling judicial system and the fact that I couldn't afford an attorney and the fact that my former business partner is a sociopath I lost my case. Shortly after, with the understanding that my homestead was exempt, I pulled the remaining equity from my house in order to fund some time I spent with my parents who live overseas and who are aging. I had been advised that the my homestead was exempt from the judgment and that I could pull out the equity and use it for living expenses.
I filed Chapter 7 at the end of July and now the creditor's attorney has filed an objection to the homestead and backdated it to the day of the original judgment. The home is still my primary homestead...the mortgage is paid up to date...the utilities are paid up to date...I have not established another homestead...I have just been spending time overseas helping my parents.
There is no equity in the house...in fact house prices have fallen since I took the equity out....the house is probably $20K upside-down.
Can anyone think of any reason why he is objecting to the homestead when I am surrendering the home and when it clearly has not been abandoned? My attorney tells me not to worry but I have been dealing with this weasel of an attorney for 2 1/2 years now and I feel like he is setting me up.
Why would he object to a homestead when I am surrendering the house? Can he try to say I withdrew the equity fraudulenty? I am losing sleep over this and I am terrified that there are trying to pursue some criminal action. I just don't see the sense in this.
As of right now my attorney is filing a resonse that says the house is not abandoned but we are not objecting to the motion because it is a moot point because the house is being surrendered and there is no equity.
Sorry for the long post....any thoughts?
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