Question Of The Day

[ice storm]

I was discharged 1-11-06 with NO ASSETS

I got the paperwork and everything saying Dishcharged.

But...

Going into bankruptcy, we knew that we were probably going to loose property that I had inherited free and clear to the trustee. The lawyer confirmed/prepared me for this.

At our 341 the trustee didn't even mention it until he noticed the deed in paperwork that I was shuffling around. He said he didn't even see it on the paperwork and my attorney was going to have to sign an ammendment. He also told us that he wanted 75% of our tax returns.

Well my lawyer told us to come in a few days and sign whatever, which we did. I am assuming that we signed an ammendment to do what the trustee asked.

11-2-06 until 1-1-06 we waited. On the January 10th, I checked Pacer and there was nothing updated so I called my attorney who called the trustee's office who promptly closed the case and sent out letters, pacer was updated.

I never recieved anything about my taxes. Nothing I have in paperwork tells me I have to send in tax returns. Also, I have gotten no paperwork about my property but the tax bill still came to me. I would like to pay the taxes and just keep it but I am not going to pay the taxes when the trustee's takin' in. Where would I find out more information about what's going to happen to the property?

Thanks!

p.s. I am in Michigan and we are having icy rain, thunder and lighting today! Crazy weather!

[Minnymouth]

You hired an attorney, it is his responsibility to keep you informed. Especially under the new laws...

Contact him, make him find an answer for you regarding the land issue, property taxes, and whether you have to submit your income taxes or not......

This attorney is not doing you right.......... keep on top of him...

[SinkingFast]

This could be one of those times in life where keeping you mouth shut and waiting may be the thing to do.

Things were said about the property and your taxes, but,........ There's nothing written in your paperwork about the property or your taxes??

The law goes back and forth every day about "Verbal Agreements". Sometimes the Court enforces "verbal agreements" between parties. Other times the Court says the agreement must be in writing and therefore the "verbal agreement" does not have merit. Of course, if a Trustee said something, the Court is probably gonna back the Trustee's word.

Just my thoughts here, but,...... I would worry if you contact your attny, and your attny contacts the Trustee, it might open a can of worms. Whereas if you sit tight and say nothing, maybe nothing will happen. Especially if you live in a larger, metropolitan area, where the Court handles lots of cases all the time.

[Minnymouth]

Sinkingfast does have a point.....

Sit back, wait 30-60 days and see if they contact you or not........ Waiting is hard, but you may have a "red letter day" coming by NOT SAYING ANYTHING.......

The Trustee has to contact you regarding it unless you have already turned over deeds etc to him.....

If you have, then you need to contact lawyer and check on outcome.....

Otherwise, be patient and wait a little while.........

I too think that would be a good idea...

[Minnymouth]

The papers you went in and signed, did you get a copy of them.... What did you sign????

If you don't know, call and find out.... could be about the land issue, or the tax issue.............

Keep us posted.

[ice storm]

Funny but I thought it was very strange that one day during our wait after our 341, we got back all our property deeds from the trustee! He stated he didn't need them...

Go Figure?!?!

[Minnymouth]

Then more than likely he's not going after it.
Was the land owned by yourself or were there others as owners on it too? Co-owners would discourage a trustee, he has to take the co-owner to court too.....

Trustee auctioned my house but never did take the deed.... said he had a copy.....

[SinkingFast]

The Court doesn't need your Deed cause they can access it at the Court House. All they need is a number or other identifying piece of data. Maybe the legal description, and they can pull your deed.

Where my house is, in Missouri, the County Assessors office is linked into the MLS. They don't need you to tell them what you paid when you bought your house. They just look you up on MLS.

Check on those docs you signed a few days later. If you don't have copies, play cute. Call the attny's office, tell them you didn't get copies and want to have a set for your files. Then you can find out what's in those papers.

[ice storm]

Just me and DH were on the deed but it was landlocked and the neighbors were really pissy...We told the trustee this...

[SinkingFast]

Just me and DH were on the deed but it was landlocked and the neighbors were really pissy...We told the trustee this...

Probably not interested in it then.

We know a guy that bought a piece of land locked ground to build a house on. We thought he was crazy. It took some doing but he finally managed to get an access out to the main road.

Land locked is probably more trouble than it was worth to the Trustee.