Trustee has me puzzled.

[slickwilly95991]

Working on a NE Ch. 7 where there was approximately $10,000 in equity in debtors home. We used the homestead exemption to exempt the property. In NE, the exemption is $12,500 so we had plenty to use.

Had the 341 and now I receive notice that the trustee is claiming the home.

Is this a mistake on his part or am I missing something? Is there something I need to do court-wise to file to clarify?

[HHM]

Is there something I need to do court-wise to file to clarify?

First, what is the title of the document that the trustee filed (I would suspect it would be something like, "Trustees Objection to Debtors Claimed Exemption and Request for Turn Over of Property")? Second, when you read the document, what reasons is the trustee giving for why he is entitled to the house?

As for what you need to do, Yes, you need to file an Opposition to the Trustee's filing. Obviously, the trustee thinks your home is worth more than you do, or there is some defect in the way you claimed the exemption...since you didn't post the reasons why the trustee objected to the claimed exemption, all we can do is speculate.

In any event, you need to file an opposition with the court.

[slickwilly95991]

The filing is entitled "Notice of Trustee's Intent to Claim Certain Assets and Abandon Certain Assets and Request for Claims Bar date".

The only listed asset he claims is the home. The rest were abandoned.

[slickwilly95991]

Thanks for your help. I got it figured out. Didn't use the homestead exemption correctly.

[HHM]

Thanks for your help. I got it figured out. Didn't use the homestead exemption correctly.

Then what you need to do is Amend your BK petition.