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341 Thursday and having a panic attack!

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  • 341 Thursday and having a panic attack!

    As some of you know, I have had a long journey to get to this point. Our 341 is THursday and the trustee wants to see out cma of the house and mortgage balance statement.

    Because the bank starting paying our real estate taxes, I added the taxes and the flood insurance to the mortgage balance. My attorney didn't say it was wrong to do so and as you know, basically left me to fend for myself in the preparation of the documents.

    Now I'm having a fit - I am trying to find the negative escrow account balance so I can prove that Bank of America is owed this additional money.

    Will the trustee deny the mortgage and real estate taxes on the expense schedule since we weren't paying them?

    I haven't even received a copy of the petition that he filed ( filed 10 days later after we signed it) and a letter came from him saying what to bring to the 341 with postage due!

    Please excuse me - I am freaking out here - I'm afraid he will want the house - if we pass this hurtle we could still stay in the house another two years - no lis pendis has been filed yet.

  • #2
    did your atty give you any reason that the trustee is asking for these statements?

    i am just wondering, as we also added them in and hadn't paid them in a couple of years when we filed. although, the trustee never asked any questions about the amount. i know our bank had been paying them for some time, but to get to the "real" amount as to why we were filing, they were all included. if your district doesn't allow that, your atty should have told you.

    another question came up, i couldn't believe this, but the firm rep'ing us had us put every credit card payment down even tho we hadn't paid them in a few months. the trustee's office contact our atty prior to our 341 and said you can't do that, your clients are no longer paying them. the firm argued, yes, we can, since these amount include the reason for the filing and but for them as well as the other expenses one would not have to file???? wow, i thought, as i saw the trustees side clearer than our position. yet, it held fast.

    also, i would have him send you the petition electronically, we did. the first one we picked up at the office and it was so dead incorrect, i ended up having to redo it 3 times before it was ready for court. they even had our address of 30 years plus on the petition as the property we were surrendering...where the heck they even got that address is still a mystery to me. your situation is odd to me, frankly, don't they understand if you could make the payments you wouldn't be there? really. i'm sure it will work out.

    if it were me, i would go into B of A and get the print out of the negative escrow balance, i know that's a pain, but, they should be able to give it to you, or you should be able to get it on line. i know they are done with them for the year since one of my clients just rec'd an overpayment escrow check from them and they are in another part of the country. all i know is the trustee didn't deny ours as if the bk was denied we'd just be back in court in a few months with paperwork saying we didn't make the payments because we COULDN'T! also, see if you can get a print out of the entire account while you are there. they should be able to give it to you. i know b of a is a pain...every time i go in there is not for me, but i have to wait and wait and wait to get the information and usually they have to make calls because no one on the floor can wipe their butts without picking up the phone. it's worth a shot.

    again, i would press your atty as to why this is happening and what to expect as possible outcomes. best of luck, i know this has been a long hard road for you, hopefully it will soon be done!
    Last edited by tobee43; 01-06-2013, 11:45 AM.
    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


    • #3
      There is no way to really tell what the panel Trustee is seeing. I can not tell whether your documentation request is from the "Panel" Trustee or the United States Trustee (UST).

      In any case, it is what it is at this point There is no sense worrying about it. You should never "expect" to stay in a home for which you are not paying the mortgage, for any reasonable time. You must plan as though you will be out in 7 months (for Florida). When you through a bankruptcy in there, you should expect to be out within 3 months -- purely because you do not know what the (Panel) Trustee is going to do.

      What did you list as the disposition of the home on your Statement of Intentions? Was it surrender? Typically, it would be the UST that would not allow the expense and seek to dismiss or convert your case.

      I would stop worrying and see if you can contact BofA for an Escrow Balance. They can probably fax it to you (or maybe even email it to you). If they filed a claim, it would be in PACER under the Claims section.
      Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
      Status: (Auto) Discharged and Closed! 5/10
      Visit My BKForum Blog: justbroke's Blog

      I am not an attorney. Any advice provided is not legal advice.


      • #4
        I would go on Pacer and download a copy of your petition so you can read through it. My atty. did not give me a copy either, he gives them to clients at the 341. Mine was also filed weeks after I signed, I would not have known it was filed if I didn't check Pacer. I received the notice from the court about a week after it was filed.
        Last edited by Pjmax; 01-06-2013, 01:09 PM.


        • #5
          really??? you mean you didn't review it prior to it being submitted? you did review it now tho, right?
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


          • #6
            Tobee is eluding to a great point. The Trustee is going to ask you have you read and certify everything in the petition as filed! (Since you signed it under penalty of perjury.) Hopefully you have read it. If you are just needing a copy of the petition, it may be easiest to just go in PACER and download the PDF copy of the petition. You can then print or view it as many times as you want after you have saved it to your computer.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            I am not an attorney. Any advice provided is not legal advice.


            • #7
              Originally posted by tobee43 View Post
              really??? you mean you didn't review it prior to it being submitted? you did review it now tho, right?
              Wasn't sure if you were asking me or the OP. I did 'review' it in the office the day I signed, but there wasn't enough time to really read every word thoroughly, and the atty. was getting annoyed with me for taking so long. He actually expected me to just sign and not read. I did read every word when I downloaded the copy from Pacer.


              • #8
                actually both!

                if OP did not thoroughly read it and there are errors then there could be a problem. as jb points out, it's one of the questions the trustee asks and of course one is suppose to have read it prior to signing it.

                i just picked up the first copy and then had them download them to me.........a number of times before i would sign it, since there were so many mistakes they made with the entries. unreal that the atty didn't give you (pjmax) enough time to read the entire doc. it's big, i know, but one must as they are signing it as the truth.

                the OP must be certain before the 341 that all information is correct on the petition, it really vital. also pansy, it's so hard to tell what the objective is for why the trustee is doing what they are doing. again, i would ask your atty for the possible outcomes as this way you can be prepared for the best i hope!
                8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


                • #9
                  Thank you all for your responses!! I did review the petition and revised it 3 times because it was never proofread at the attorney's office before they gave it back to me so I had to keep fixing things!!

                  I know that we are not reaffirming the mortgage - however we are hoping to stay as along as we can - NJ is backed up bigtime on foreclosures so if we can get past having the trustee trying to sell it and stay as no asset then we will have at least another year or two.

                  And of course we would not expect to stay in a house where we could not pay the mortgage but the longer we can stay the better.

                  I signed up for PAcer and downloaded our file so now I have that info.

                  Thankk you all for helping me with this - I will try to get answers from my attorney though past experience tells me I will not know what's going on until the 341 Thursday!

                  I hope I can keep it together until then!!


                  • #10
                    Do try to stop and take a couple of deep breaths. As some one already said, it is what it is. If you find errors in your petition, you can bring amendments with you to the 341. (Actually your attorney needs to bring them) While it is better to do it right the first time, bringing updates to the 341 is better than having the TT find the error(s).
                    Lawyer - $3000
                    Filing fee - $299
                    Fresh Start - Priceless


                    • #11
                      Tomorrow is the day!!!! Got the CMA for the house, just trying to find the negative escrow balance paperwork - I do have the printout from the tax office showing BOA paid the real estate taxes.

                      The main problem is this - CMA says 215,000 to 225,000 for quick sale - Freaking Zillow says 361,425 hoping the trustee isn't silly enough to think Zillow is accurate in any way!!!! I'll get more CMAs if I have to -

                      Found out my neighbor is moving out - foreclosure - now I will have an empty house on either side of mine. This sucks, losing all my neighbors to foreclosures and vacation condos!!!

                      Trying not to freak out - breathe out, breathe in.

                      Thank you all! This has been a long time coming.


                      • #12
                        zillow is so far off, yet i have seen banks and realitors use them!! crazy.

                        comps are the true test, zillow can show what has sold in the immediately area and when?
                        8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


                        • #13
                          How did you make out at your meeting


                          • #14
                            Yes, today is the day! What's going on?
                            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                            Status: (Auto) Discharged and Closed! 5/10
                            Visit My BKForum Blog: justbroke's Blog

                            I am not an attorney. Any advice provided is not legal advice.


                            • #15
                              8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! and all are welcome to bk forum's Florida State Questions and Answers on BK


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