What does this mean????????? HELP.

[MaMom]

Hi all,

We filed Chap 7 back in December. Our lawyer filed for homestead just before we filed so that we could keep our home. (a requirement in MA).

We received discharge notice on May 7th.

Then today we receive a letter from the trustee with "Trustee's Objection to Debtor's Declaration of Homestead". This was filed on May 14th.

Does anyone know what this means?


Oh... our lawyer is MIA. I called his office and he's disappeared. The phone now rings at his father's office and they won't give me any information other than his email, which he's not answered.

[emoney]

My one more call and leave the message that you expect a returned call with-in 72 hours. If you hear nothing send certifed letter with copy to state bar association stating your intention of filing a complaint. Then if no reply file complaint.
We consumers must remember that attorneys are like anyone else, they work for us and we deserve fair and reasonable treatment.
regards,
emoney

[BKOnce]

Your attorney grabs the $$, did something wrong and now... runs when problems come....

[MaMom]

yes, but that still doesn't answer my question.

What does the motion that I got today mean? And does the fact that it was filed AFTER the discharge of debts mean anything?


When I called the lawyers office today, it ws forwarded over to his father's insurance office. The lady who answered told me that she couldn't discuss anything with me, but the lawyer was no longer in his original office, was no longer in the state as far as she knew. When I told her the situation, she told me to email the lawyer, and gave me his email address, which I had already.

I contacted the trustee's office who told me to call my lawyer. :lol: I WISH I COULD.

[poorme]

call the bankruptcy court clerk and ask them, they should be able to tell you what the item is for.

[lrprn]

I contacted the trustee's office who told me to call my lawyer. I WISH I COULD.

I did some research online, and I believe that your Trustee's Objection to Debtor's Declaration of Homestead means that your trustee disagrees for some reason with your original claim of home ownership. For example, are you currently living in the home? Is there anyone else besides yourself and/or your wife listed on the deed? Is the home yours through a trust?

Did the letter give any other information? Did you check PACER to see what was posted there about your case and this objection?

And PLEASE, PLEASE, PLEASE file a complaint TODAY that your lawyer has abandoned you to deal with a trustee's objection alone with your home at stake. In MA here's who you call -
Arnold Rosenfeld
Massachusetts Board of Bar Overseers
Office of the Bar Counsel
75 Federal Street, 7th Floor
Boston, MA 02110 P. 617-728-8750
F. 617-357-1872
E-mail: [email protected]

[HHM]

FYI, not that I am backing up your attorney, but pretty much your BK attorney has no further obligation to you once you receive discharge. As for the objection, who can really say here without more info, as LRPN pointed out, get onto pacer and find out exactly what the Trustee is objecting too.

[MaMom]

Thank you.

We both live in the home, It's just my husband listed on the deed, and it's not a trust. It looks to us as though he objected because the homestead was filed a week later than the bankruptcy. However, we signed it on December 6th, and it was stamped at the registry of deeds on Dec 14th. We filed on Dec 11th.

We didn't know any of this was going on until today when we received the objection from the trustee. Imagine our surprise since we got the discharge notification from the court on May 1st.

[MaMom]

FYI, not that I am backing up your attorney, but pretty much your BK attorney has no further obligation to you once you receive discharge. As for the objection, who can really say here without more info, as LRPN pointed out, get onto pacer and find out exactly what the Trustee is objecting too.

Our lawyer abandoned us long before the discharge. I contacted him several times trying to get an update and asked if he needed anything else from us, and he never answered my calls or emails.

I went by his office tonight and it's empty. Lovely.

[lrprn]

It looks to us as though he objected because the homestead was filed a week later than the bankruptcy. However, we signed it on December 6th, and it was stamped at the registry of deeds on Dec 14th. We filed on Dec 11th.

Since the homestead declaration was filed after filing bankruptcy, I'm not a lawyer, but it looks like your trustee thinks he/she has grounds to challenge for your home. You need to find an experienced bankruptcy lawyer, and fast, to take this on with you. Make appointments for free consults with 3-4 experienced bankruptcy lawyers in your area as soon as possible and lay out all the circumstances you have shared with us.

If your first AWOL lawyer was supposed to file the homestead claim on time and didn't because of abandonment, impairment, or malpractice, then it's important to collect any proof you have that he stopped all contact with you before your case was discharged. That will help bolster your case. Your new lawyer will be able to tell you what needs to be done to address this objection and hopefully save your home.

[MaMom]

Thank you. We have an appointment today with a new attorney. I spent the better part of the morning on the phone with several attorneys, and they all pointed me to the guy I'm seeing today. He apparently handles these tough cases.

We also called the old attorney back and again got his father's office. We told them that he has 72 hours to call us back before we file complaint.

[HHM]

Your in a tight spot. As far as the homestead goes, in most state, it only has legal significance once it is filed with the county clerk. So if it was filed after the date you filed BK, then the homestead is null with regard to your BK.

Even if your attorney was supposed to file it before hand, that may not be a proper defense to the trustee's actions because it really doesn't matter. All you probably have is a cause of action against your former attorney for the damages you are incurring because of his/her mistake.

Do you have any evidence that you actually signed it on the 6th. You may have to subpoena your former attorney (you can do that) to testify (but unless there is something writing indicating that you signed it ahead of time, odds are the attorney will deny it to try to cover his ass).

[Minnymouth]

Be sure you keep good records of phone conversations, letters, etc involving everything right now........

Check at the local courthouse and see if the date signed on the homestead papers was Dec 6th...... and then filed on Dec 14th.... This could be important in the future.....

Has the Trustee called for a hearing? Or did you receive any more papers from the Trustee regarding this issue?

Let us know what the new attorney says and suggest to do about this....

[SamanthaJones]

Sounds like you are in a predicament...

I do not know how to paste, but in a search engine type 'ma homestead law', I got the secretary of state site for MA. It has a FAQ. The bad news is that the homestead DOES have to have been recorded in your state. In some states the homesteadd is 'assumed', and does not need a formal declaration to be recorded. It appears as though your homestead declaration was not timely filed, and I agree that you need to find some competent legal advice...good luck~

[JRScott]

I hope your appointment went well. I hope you can get some good legal advice. Good luck.