Motion for Relief of Stay ch7

[pbwinner]

My 341 was last week, and next day got a Motion for Relief of Stay from the attorney w/the mortgage co. I'm not going to fight it, but legally how long do I have in this house. I know I should be packing, do I have at least 2 weeks?

I filed pro se, w help of a paralegal.

And is it true I can't donate anything(old furniture etc.) while in bk.? 95% of my stuff is going into storage.

This forum is great, thank you for helping me in this time of distress.

[BKDefender]

Anything that is legitimately exempt from being liquidated in a chapter 7 can be donated or given away, sold, whatever. Just know that if your trustee believes you had more than you claimed as exempt then he/she can cause you problems if you can't prove the value of what you gave away plus what you own is within the exemption limits of your jurisdiction.

Now, is it a good idea to do that? If it's old furniture of little value and there's no risk the trustee would have taken it to sell for the benefit of your creditors, then I wouldn't think there's be a problem donating it or giving it away. But if you're right at the threshold of your exemptions and the trustee thinks you undervalued that antique desk then you might consider waiting until the discharge to start giving stuff away.

--William

[Tweeby]

pbwinner,

I took my motion for relief of stay to our 341 meeting. We received it on Friday and the 341 meeting was Monday morning. Our lawyer was surprised that the mortgage company moved so quickly. The lawyer told us that the relief of stay is mortgage company asking the court to allow them to continue the process of foreclosure.

Where are you at in the process of foreclosure? Depending on where you live and where you were at in the foreclosure porcess is how long you can stay in the home.

[pbwinner]

Thanks BK Defender, I guess I'll keep it all for now. Do you think I have atleast 2 wks to get out of the house? I'm still trying to get in touch w/my paralegals attny.

[pbwinner]

Tweeby, I got the Motion the next day and yes the forclosure was in process b4 I filed. I did receive a bill from the mortgage co. and can't come up w/what they $want.

[pbwinner]

Anything that is legitimately exempt from being liquidated in a chapter 7 can be donated or given away, sold, whatever. Just know that if your trustee believes you had more than you claimed as exempt then he/she can cause you problems if you can't prove the value of what you gave away plus what you own is within the exemption limits of your jurisdiction.

--William

Can you tell me what is legitately exempt? I'm way below the exemptions. Nothing is valuable, just household/knick nack stuff, Is it bad to have a garage sale during BK? I'm downsizing and the house is selling b4 the bk is over. Anyone? Thanks!