am I close to closing????

[pleasejustclose]

History.....Ch 7 asset case (old law) filed back in July 2005. Just checked pacer and trustee has finally submitted final report, hearing is set for Aug 27.
In the final report is says property will be abandoned to debtor. It list my car I'm keeping, clothes, jewelry, etc. However, the home was not on the property that was to be abandoned back to us. My question is even though we kept up with the payments on the house and was never late can the trustee still take the house from us.

Also how soon after this final hearing will closing come?

Please help!!!!

[JRScott]

If you filed in July 2005 that means you filed under the old BK laws. Did you do a ride through under the old laws?

[pleasejustclose]

Well, I never had to sign paperwork or anything like that to "reaffirm" the house. I might mention I did file pro se. I guess I did do a ride through.

[lrprn]

Sounds like you were an asset case - Ch 7 cases with significant assets involved often take a long time to close. What is the purpose of the hearing next month?

Your bk estate was set on the day you filed two years ago and your trustee hasn't come after your house yet. Why are you worried your trustee might try to take your house now?

I get the sense this has been a very tangled case - if you can you give us more history behind what happened with your assets and the trustee after you filed, we can try to help you sort things out.

[familyof7]

If she abandons the home they are not taking it but if it is not abandoned by the trustee they can sale it. If you did not reaffirm and they abandon the property you can keep it or walk away it is up to you. If you walk away you owe nothing.

[pleasejustclose]

A little more history on my case. I am married, and the house we have is only in my husbands name. I filed the BK alone, but living in a community property state I had to list the house. The case did turn into a Ch. 7 asset case. After reviewing my creditor info the trustee came up with an amount to settle the estate which was 5700 dollars. That was given to the trustee ( I borrowed the money from my in-laws). Just now I received a notice of trustees final report to dispurse funds. The hearing set for August is for the US trustee to review final report and I'm hoping that will close the case. I just want to make sure there was no loop-hole that I missed and they will come after the house once the case is closed. I hope that makes since. I'm just worried because my husband will file for divorce if something happens to the house!

[pleasejustclose]

I guess that's my issue, we never reaffirmed the home or any of the property for that matter. I filed pro se, big mistake of course. However I have a vehicle that payments were still made on and we still have and are making payments on the house that we plan to keep. In the trustees final report though it only mentions the cars, clothes and other property to be abandoned to me, but it doesn't say the home.

[familyof7]

If they close the case and issue a no asset or all assets adminestered report then once it is closed it is over they can not come back and take your home unless it is proven you hid equity.