So what happens to our house? and other questions. Houston, Texas

[Poortxman786]

Afternoon, So i filed chap 13 back in nov/06. The few assets i have that i make payments on are house, Car and some appliances. I also owed back taxes around $10k and student loans. So i have been making my payments every 2 weeks from a garnishment from my payroll. I only received 900 the first couple of months, to 720, then to 600 and now i all i have is 485 every 2 weeks. My kids goto private school and i cant afford being in chapter 13 anymore. So i told my lawyer and he submitted the paperwork to convert me to a 7.(Oh, on a side note i did receive my tax refund in 2006/2007 tax year.) i can not live on a485 every 2 weeks so i submitted to convert to chap 7. My DW wants to move out mid next month. We already have an apartment lined up.

So here are my questions.

1. Should i stay in the house until the foreclosure process starts?
2. Has anyone received there Stimulus money in chap 7 in the Houston Area?
( i know this is weird since i am converting, i am going to receive a paper check since i had fees taken out. SS ending in 40)
3. We want to have a garage sale, should i tell my lawyer and or trustee about the sale?
( i have never heard from my trustee since the 341 meting for the chap 13.)
4. What should i do with my mothers van, its not in my name(never transferred title) it is sitting in my driveway?

Any questions or comments to shed more light on my situation is fine.

Thanks guys

[keepmine]

If you are surrendering the house, stop paying the mortgage and stay until they blast you out. You likely can stay for a few months if not longer.
Go ahead and have the yard sale. Nobody cares about used consumer products.
It's not your van-it's your mothers. Why do you need to do anything with it?

[Poortxman786]

because i drove it down here after she passed. My dad gave it to me, but I never had the extra money to do a title transfer. So if i put it in my name then sold it, would i have to report it to someone?

[keepmine]

Ask your lawyer if the van fits into the Texas exemptions.

[BK2008]

I'm in Dallas, in a chapter 7, I received my stimulus payment.
The Trustee never asked about it or my 2007 refund check.

[askn89]

Afternoon, So i filed chap 13 back in nov/06. The few assets i have that i make payments on are house, Car and some appliances. I also owed back taxes around $10k and student loans. So i have been making my payments every 2 weeks from a garnishment from my payroll. I only received 900 the first couple of months, to 720, then to 600 and now i all i have is 485 every 2 weeks. My kids goto private school and i cant afford being in chapter 13 anymore. So i told my lawyer and he submitted the paperwork to convert me to a 7.(Oh, on a side note i did receive my tax refund in 2006/2007 tax year.) i can not live on a485 every 2 weeks so i submitted to convert to chap 7. My DW wants to move out mid next month. We already have an apartment lined up.

So here are my questions.

1. Should i stay in the house until the foreclosure process starts?
2. Has anyone received there Stimulus money in chap 7 in the Houston Area?
( i know this is weird since i am converting, i am going to receive a paper check since i had fees taken out. SS ending in 40)
3. We want to have a garage sale, should i tell my lawyer and or trustee about the sale?
( i have never heard from my trustee since the 341 meting for the chap 13.)
4. What should i do with my mothers van, its not in my name(never transferred title) it is sitting in my driveway?

Any questions or comments to shed more light on my situation is fine.

Thanks guys

I am in Houston. The trustee didn't even mention our stimulus, I did have a plan to cover it though as I had plenty of unused exemptions. The form the give you at the 341 says what types of money they want you to inform them of if you receive. The only type of tax refund money it mentions is if it is over $2,500

[dmc-2008]

I know somebody that stopped payment on their condo over a year ago. They tried to do short sale, fell thru a few times. They just kept sitting in it until it finally went on the auction block.

They were told that when they come to take it that they would probably be offered a 1000.00 for the keys, because they could sit in it for another 6 months and that could only hurt the new owners.

Not sure why I am telling you this, it probably way off base, but you can stay until someone takes the keys. They can't throw you out, at least not in CA.

Well, not in my friends case anyway. He basically was a squatter.

[deafbroke]

I got a refund on my federal taxes, state taxes, AND the stimulus check. I spent them on neccessities ans my trustee said I have to pay them all back. A total of $2500.

I filed pro-se (no attorney). I made a lot of mistakes and when the trustee emptied my checking accounts I hored an attorney and ammended the entire bankruptcy petition.
Turns out the refunds and stimulus can be kept under the federal wildcard expemtion if there is no state exemption. It's not that simple as it depends on how much you want to keep in other exemption areas so have your attorney go over it with you. Luckily I should be ok. Don't make the mistake of spending any of the refunds or stimulus until you talk to an attorney first and go over everything. It'll save a lot of stress later.

DB

[JRScott]

Afternoon, So i filed chap 13 back in nov/06. The few assets i have that i make payments on are house, Car and some appliances. I also owed back taxes around $10k and student loans. So i have been making my payments every 2 weeks from a garnishment from my payroll. I only received 900 the first couple of months, to 720, then to 600 and now i all i have is 485 every 2 weeks. My kids goto private school and i cant afford being in chapter 13 anymore. So i told my lawyer and he submitted the paperwork to convert me to a 7.(Oh, on a side note i did receive my tax refund in 2006/2007 tax year.) i can not live on a485 every 2 weeks so i submitted to convert to chap 7. My DW wants to move out mid next month. We already have an apartment lined up.

So here are my questions.

1. Should i stay in the house until the foreclosure process starts?
2. Has anyone received there Stimulus money in chap 7 in the Houston Area?
( i know this is weird since i am converting, i am going to receive a paper check since i had fees taken out. SS ending in 40)
3. We want to have a garage sale, should i tell my lawyer and or trustee about the sale?
( i have never heard from my trustee since the 341 meting for the chap 13.)
4. What should i do with my mothers van, its not in my name(never transferred title) it is sitting in my driveway?

Any questions or comments to shed more light on my situation is fine.

Thanks guys

1. You can, however if you want to go ahead and move to have stability that's fine too.
2. (I'm not from there)
3. Technically everything you own is property of the bankruptcy estate. As long as you are not selling valuable items though it should be okay. However I"d run it by your lawyer first.
4. Sit on it, be quiet. They don't need to know that. Since the Van isn't in your name it won't come up in a title search. You might mention it to your lawyer and see what he says though.