Question.. conversion from 7-13

[Jhbk29]

not sure if I should put this here or in the 13 section. But we were in a chapter 7 and our attorney had not realized that our house wasn't protected. He goofed on when the new laws came into effect (we are in Florida) Hey passed us off to another attorney who told us it would be better to switch to a 13. We are filed for a 13 and the judge issued a motion to convert. (in the mean time of all this happening we were discharged in our 7) Now we have letters we are getting from the chapt 7 trustee and her lawyer Requesting for admissions in regard to trustees exemption of homestead and also request for production of documents. I don't know what the heck they are looking for we have given them everything we have. WHen we moved down here we were supposed to have a Mortgage loan filed against the house but the lawyer from NY neglected to do his job and file the lien. (We have letters from him stating that this was done and we paid him as well)

Is the chapter 7 trustee still trying to do something or what?? I am soo confused as to what is going on. We are waiting for a call from the lawyer but have not received anything yet. We just want to move on from all of this stuff and it seems like "one thing of bad news after the next"

[Minnymouth]

Important Question: Did you file under the old laws or the new ones???

You said you original filed under a Chapter 7, then your attorney passed your case to another attorney who said convert to Chapter 13, RIGHT??? The judge issued a motion to convert to a 13..... RIGHT???

THEN - you received word that your Chapter 7 had been discharged?????

During all this time did you move???? Maybe to another state or city?

Why did you change attorneys?? Or should I say WHY DID YOUR ATTORNEY QUIT YOUR CASE???

PLEASE GET BACK TO ME with answers to the above questions......

BECAUSE.......
1. You may have been screwed by your Chapter 7 attorney..........
2. Your home may have an "unperfected title" on it..... (causing major problems)...
3. You may have 2 bankruptcy cases going on at the same time. One a Chapter 7 and the other a Chapter 13. Especially since you changed attorneys.

Minny

[Jhbk29]

[QUOTE=Minnymouth]Important Question: Did you file under the old laws or the new ones??? The original was under the old

You said you original filed under a Chapter 7, then your attorney passed your case to another attorney who said convert to Chapter 13, RIGHT??? The judge issued a motion to convert to a 13..... RIGHT???

Yes we got the order it was converted.

THEN - you received word that your Chapter 7 had been discharged?????

yes we got it a day or so after we converted
During all this time did you move???? Maybe to another state or city?
Nope

Why did you change attorneys?? Or should I say WHY DID YOUR ATTORNEY QUIT YOUR CASE???
Because he must have realized he screwed up? LOL we were getting letters that they were objecting to our homestead exemption etc and my husband was talking to our 7 lawyer and saying I better not lose my house. He then got us in touch with this other lawyer who only does 13's.


BECAUSE.......
1. You may have been screwed by your Chapter 7 attorney..........
Well in not so many words the 13 attorney said that the 7 attorney screwed up and we are lucky we caught it when we did..
2. Your home may have an "unperfected title" on it..... (causing major problems)... not sure what this is??
3. You may have 2 bankruptcy cases going on at the same time. One a Chapter 7 and the other a Chapter 13. Especially since you changed attorneys. <--this isn't the case we have just the 13 now...


I am just very confused over the whole situation because I really believe the 7 attorney screwed up and we could have lost everything had we not been the squeaky wheel at the lawyers office!! Ii really appreciate any advice you have and I'll keep ya updated as to what is going on. DH has an appt next week with the 13 attorney so I'll know more then!

[Minnymouth]

Ok, now I know which one you are, lol....................

The unperfected title or lien on you property was what I was concerned about...... You said that the mortgage company failed to file their lien against the home..... that is called an "unperfected title or lien"......... AND IF THAT IS THE CASE you own your home free and clear of any liens, putting it in a position for the Trustee to take it for all the equity in it to sell............

Thats probably the main reason you got passed on VERY QUICKLY to a Chapter 13 attorney and the other attorney wanted OUT.........

In Chapter 13 you can save your home......

I could not save mine in the Chapter 13 because I would have had to pay the creditor at 100% making my house payment almost $1200 a month when it was $458. before... No way I could pay it.... so the Trustee seized it and sold it.

YES, YOUR CHAPTER 7 ATTORNEY SCREWED UP........ he never checked your liens. And if you had filed under the new laws - HIS ASS WOULD HAVE BEEN GRASS AND YOU AND THE COURT SYSTEM WOULD HAVE BEEN THE LAWNMOWERS ON IT........ A MAJOR LAWSUIT.............

In fact, even now I would demand a complete refund from him, and file a complaint with the state board. That is considered negligence on his part. You paid him for services that he was negligent in doing in your best interest. But don't do anything TILL your case is settled completely.....

My attorney is in the same position, I LOST MY HOME BECAUSE OF HIM AND THE MORTGAGE COMPANY............... AND SOMEBODY IS GOING TO PAY......
I lost it and all my investment over 9 years. Then I had to buy it back to get it back, new downpayment and all.

So NOW - I'm going after them all............. and I'm dipping my fat little hand in their pockets.............. they are going to reimburse me for my 9 years of expense, plus 2 years of pure mental HELL........... because of their errors.

Your attorney won't say much about it, because he don't want his buddy sued... Under the new laws, the Court would have fined the Chapter 7 pretty bad and could have lost his liscense.....

Food for thought,

Minny

[Jhbk29]

Quoted from you:In Chapter 13 you can save your home......
I could not save mine in the Chapter 13 because I would have had to pay the creditor at 100% making my house payment almost $1200 a month when it was $458. before... No way I could pay it.... so the Trustee seized it and sold it.



I am confused by this?? why would you have to pay back soo much??? (sorry for sounding stupid LOL) This is my story: Our mortgage is a private mortgage we had this private mortgage on a house elsewhere. We then sold that house and the people who had the mortgage with us (family members) had a coronary because we were going to be paying off the private. So instead we came to an agreement we would use the money we got for the house we sold to pay off our new mortgage and retain the private mortgage on our new house. (did I lose ya yet?? LOL) The lawyer we had said he filed the mortgage with the county and now we find out 2 yrs later that that never happened. We never even thought to check to make sure it was filed. So Now we are in this chapter 13 and My husband had had some IRS backtaxes from a business he had in the other state we came from. So I guess they are first in the food chain to get money. Our new lawyer filed our Schedules and our plan. I have to get him some more documents before he meets with DH next week. My question which I have not found an answer to anywhere is can the chapter 7 vulture still try and go after my house and stuff even though we are now a 13??? I am just waiting for the next bad news from the new lawyer because nothing seems to be going "normal" around here with our BK (LOL I am soo not thinking straight because I wrote BJ instead of BK oyeeeeeeeeeeee) Thanks for your responses Minny.. it really does make me feel better.

I was reading your whole case last night and cannot believe all of the Bologna happened to you. I am soo sorry and Hope you get the justice you deserve!

[Jhbk29]

PS my prior post sounded goofy for some reason I deleted where it had stuff I was quoting from you!! Sorry

[Minnymouth]

The fact that you quickly converted to a Chapter 13 prevents the "vulture" from going after your home..... if I'm correct. He can file an objection, and possible get a partial payment in the Chapter 13 plan.... just as the other creditors wll.
You should be okay probably. And yes the back taxes hold priority over everything....

In order for me to due a Chapter 13, mine would have been a 100% buy back to save my house... that's what the Trustee demanded.... since my home was free of any liens, etc due to the bad paperwork on it.

My chapter 13 was not based on disposable income....

Since I could not afford the $1200 a month plan payment I couldn't do it. Thus resulting in my home being sold at auction under the Chapter 7.

Mine was a "bad case" for sure...... Definitely blew my mind!!!! Terrible 2 years........... and still not closed yet!

YES - LIFE SOMETIMES DOES SUCK!!!!

Yes, my attorney, mortgage company, title company and Trustee ALL SCREWED ME OVER............ Even the Trustee admitted the day of the auction that THIS SHOULD HAVE NEVER HAPPENED.... that I could blame my attorney and mortgage company for it.