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BIG PROBLEM! Homestead deed not filed!

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    BIG PROBLEM! Homestead deed not filed!

    O.k. I made a huge mistake. First I went pro se. Not recommended for the average Joe. Anyways, I filed the Chapter 7, went to the 341 mtg and everything was going smoothly until the trustee just informed me he is challenging my $5,000 exemption on my house because I didn't file a homestead deed within 5 days after the 341 meeting. Am I cooked or what? Any ideas on how to handle this...am I going to lose the house? Man, what a shocker...

    #2
    Are you in Virginia?
    When I ran a search, it showed up as a requirement in Virginia.

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      #3
      Yep, I'm in Virginia. This is a hard core state. They are tough on BKs here. Anyways, surely some pro se debtor like myself has made this mistake before. My question is what are my alternatives to beat this, and 2 if my homestead exemption is denied will they be able to take and sell my house, or can I work out payments with the court, or will they simply place a judicial lien on the property redeemable when and if I sell it? It would seem to me this is not in the spirit of bankruptcy, to emcumber me with more debt...what am I missing here?....

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        #4
        I don't have any answers for you, but wanted to say that it strikes me as pretty crummy that they don't even mention that to you at the 341. Almost like they lay in wait for someone to not realize this so they can pounce on it after the 5 days.

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          #5
          All you can do is get the homestead deed and provide it to the trustee and hope he/she decides not to do anything.

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