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    Now what should we do?

    As some of you know we filed C7 because of a lawsuit and subsequent judgment after my father sued us (we didn't fight it). Not much CC but are surrendering one home and keeping another. Dad put lien on home we are surrendering. His lawyer showed up at our 341. After that UST filed "presumption of abuse" then "motion to dismiss" basing the motion on the exact 3 questions my dad's lawyer had asked at the 341. Also included in the motion was a C13 payment plan, which was outragous. Flags are: Meansyes, nodisch, no asset.

    Our hearing is Monday. UST told our lawyer to redo the numbers. So we are doing that. He says we can fight it or convert.

    Since then we received 2 offers on the house we are surrendering. We don't know what to do with these offers. The offers are enough to pay the mortgage but not the entire amount of the lien placed by my father. Our case is still in limbo since no decisions have been made yet so we are not sure if we accept these offers if it would good for our case or bad. Any thoughts? Could we still close on the house without being able to cover the lien by my father? The mortgage company has already filed a "relief of stay" All objection deadlines have come and gone with no incidents. Thx much.

    #2
    Originally posted by Kingxray View Post
    As some of you know we filed C7 because of a lawsuit and subsequent judgment after my father sued us (we didn't fight it). Not much CC but are surrendering one home and keeping another. Dad put lien on home we are surrendering. His lawyer showed up at our 341. After that UST filed "presumption of abuse" then "motion to dismiss" basing the motion on the exact 3 questions my dad's lawyer had asked at the 341. Also included in the motion was a C13 payment plan, which was outragous. Flags are: Meansyes, nodisch, no asset.

    Our hearing is Monday. UST told our lawyer to redo the numbers. So we are doing that. He says we can fight it or convert.

    Since then we received 2 offers on the house we are surrendering. We don't know what to do with these offers. The offers are enough to pay the mortgage but not the entire amount of the lien placed by my father. Our case is still in limbo since no decisions have been made yet so we are not sure if we accept these offers if it would good for our case or bad. Any thoughts? Could we still close on the house without being able to cover the lien by my father? The mortgage company has already filed a "relief of stay" All objection deadlines have come and gone with no incidents. Thx much.
    King - Just want to say goodluck on Monday. Everything will turn out OK...Just keep yourself together. Goodluck.

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      #3
      Thanks Jessegirl. Hoping the best for your case as well.

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