TODD - Question???

[Minnymouth]

Fool and his money,

Nope, no exemption. I walk away with nothing.

Minny

[babycakes]

I know I'm probably driving you crazy here with the questions, but I'm trying to help figure something out. The part where they say "asset - sell it" -- wasn't this an exempt asset though. He's selling like it's yours, so therefore it is, so therefore can't you claim the homestead exemption? Apparently my brain isn't running on all cylinders tonight cuz I just can't understand how this can happen.

[FoolAndHisMoney]

I know I'm probably driving you crazy here with the questions, but I'm trying to help figure something out. The part where they say "asset - sell it" -- wasn't this an exempt asset though. He's selling like it's yours, so therefore it is, so therefore can't you claim the homestead exemption? Apparently my brain isn't running on all cylinders tonight cuz I just can't understand how this can happen.

I know, my head is now still spinning from this. Normally if there is a unperfected lein it would be as if Minnie owns the property and could claim some sort of exemption. This however is unusual. These bottom feeders are telling the judge that it's minnie's asset and they must take it. Minnie however can't claim an exemption since it still belongs to the person that sold it to minnie years ago. Then how the hell could the bottom feeder take the asset since it technically belongs to the old seller? Minnie would have a good case in court since it really isn't minnie's to take, but the legal fees would be a killer. This really sucks! It's like a perfect storm of cr@p and poor minnie has to sit by and watch it. All I can say is hope for a good day at the auction and good luck!

[babycakes]

I think I would file the motion and let the judge hear my case. At least try this one thing before it goes to auction.

[FoolAndHisMoney]

Thanks for caring and a prayer or two won't hurt at all!! I was told my another lawyer that I can appeal or file a motion for the court to reconsider my case -BUT - as the lawyer told me - the only thing the judge is really interested in is whether the title had a lien on it or not. He said a "sob story" wouldn't change the outcome of the Courts ruling. No matter who was a "fault".....

I hope these people "sleep good at nite"..... but of course I'm sure they don't... Most "leeches, snails, and creatures of vermon" come out at night.

Many have told me you can't 'TRUST" A TRUSTEE..... and they are absolutely RIGHT!! The Trustee is out to "line his own pocket (and he will make big bucks off me). I've heard them called "snakes in the grass" by many on this forum in the last couple of years. Some called them "the scum of the earth".
I have always tried to see the "good in people" but I don't live in a glass house either!! I have always lived in a very realistic world. This Trustee SAW DOLLARS SIGNS - and will not give an inch....

What "irritates" me the most is the very company that caused the probelm will benefit 50% of the profits of the sale. They will out bid me at auction, resell my place to someone else and re-coup and losses they might have had - PLUS make all the extra income that I have paid them over 8 years in principal and interest. I only paid $47,000 for my (thanks to a friend) and the bank has made $40,000 off me in the last 8 years in principal and interest. I had made many double payments on the mortgage over the years. If the Bank had agreed to sell the land only back to me at $13,500 they still would have made $5,500 profit... And I could have purchased the home from the Trustee.

But the Bank said "abosoutely not"!!! My lender (backer) was willing to pay FMV and they still said NO.... They forced it to auction saying it would bring more, thus I have to move out, then come back and bid trying to get my home back...
By them taking the land at auction they more then double their profits PLUS.

This is what makes me SICK!! The very people that caused the problem will benefit the MOST from it!!!

Thanks for the input,
Talking about it helps, thats about that's left that I can do!

Minny

Generally they are not friends of the debtors, they are not there to help us, they are there to raise $$ for the creditors they represent and that's there job whether we agree with it or not.

Your trustee has a problem with ethics however if he feels the need to make an honest debtor homeless over a technicality. He's taking what doesn't belong to you and paying the people he represents and getting a % for doing this.

Personnally I feel this is more fraudulent then a debtor hiding assets.

[jennga]

Minnie, I tell you this really makes me want to have a "throw down" with somebody THIS SUCKS BIG TIME. Vent all you want, as much as you need to, cuss and wail, have a pity party, I will bring the cake. Maybe I could find a few Trusty Trustee's to bring to the party and we could tie them up and us them as Pinata's.. just hoping to bring a smile to your day.

[Karen2005]

Minny,

THIS IS OUTRAGEOUS!!! Grrrrrrrr...greedy little A-hole needs to get what's coming to him . I agree with the previous poster who said this sounds like he;s crossed some ethical lines. And I whole heartedly agree with what you said earlier: "where there's a will there's a way!!!". Dont give up! and leave no stone unturned in your quest to find a way to defeat this slimeball. It sounds like he snowballed the judge, because how can they call it your asset when you legally are not the owner??? Have you asked slimeball what law or prior case he;s using to justify this decision? If not, I would insist on being told so that you have this information to prepare your appeal.

Also, something sounds fishy with the way your lawyer reacted...shouldnt he be willing to work a little more to earn more money on your case?(or does he just get a flat fee no matter how much time he puts in?) I wouldnt put it past him to be in cahoots with the trustee.

Since you're already thinking of ways to pressure the trustee into changing his mind here are a few more suggestions:

Maybe contact your state attorney general, govenor, rep, senator etc. (you never know who they might know at the federal courthouse...)

Maybe talk to the head of your state bar asscociation about his conduct?

Try contacting a local law university and talk to some of the professors. Maybe they might have some good suggestions? (this may be a longshot, but you never know).

Try your local TV news stations. We have 2 stations here that have consumer advocate shows (although they dont get involved in legal stuff).

Consider making fliers with your story and passing them out at the auction. Maybe the people at the auction will have a heart and refrain from bidding if they know you were cheated out of your home by a big bank and a slick lawyer and you are trying to buy it back. Hell, maybe if you get your friends to picket or also pass out fliers that might help.

I am putting you and your needed victory in my prayers!

~Karen

[bkfiler]

minny,

your posts were pasted over here in hopes of helping you. please keep looking for any replies from that site.

http://www.mcfarlinlaw.com/phpbb/viewforum.php?f=1

also, have you tried creditboards.com as well.

you have to keep trying. keep calling lawers, every single day. someone is going to provide and asnwer that will help you more then you thought i hope.

also, call attorneys that FIGHT adversarial proceedings. not attorneys that just do BK only. you need to get advice from attorneys that FIGHT things like this.

i am sorry this is happening and i feel desprate to help somehow. please keep calling 5 new attorneys a day until something is figured out. get a cheap calling card and call out of state also. someone knows something that will help.

can you cancel your bk and have all this stop? sorry i dont understand all of this. can you convert it into 13?

you can only keep trying. its for the best!

[bkfiler]

can someone please post her situation in precise and simple compacted sentances for me so i can understand what the problem is and maybe it will help others to help her too. try to state only the important facts so that it can be communicated quickly to others elsewhere. start from what type of case she filed, what exemptions she took and include the dates of each event also. then explain the rest.

minni, try this site as well. post an urgent listing in the main bankruptcy section maybe.

http://community.lawyers.com/messageboards/board.asp?channelId=25&mbId=7

we have to keep trying!

thank you

[Minnymouth]

To all that are trying to help in this situation, THANKS SO MUCH. I'm on the phone today, making calls.

You asked for a complete description of my case (from start to finish) and I already have one prepared. This is the peition that I was going to present to the Court to reconsider my case.

The are no names (so no blame to anyone till I get ready to sue these people.)

Sorry, but its a little long so I put it into an attachment for all those that don't understand what happend to me.... hope nothing got left out!!

This one is for the records, Folks,


Minny

[Minnymouth]

Folks I am going to take this to a new thread labeled - Minnys Problem-Help!
That way all can view it and it won't be missed by someone that might be able to help.
I will include the attachment with it.

Minny

[Minnymouth]

bkfiler,

Can you send a copy of my "complete problem" to the site you listed above. Am not in a position this morning to do this and would like to have it also attached to everyones comments....

Minny