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A bunch of questions

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    #1

    A bunch of questions

    First a brief timeline

    Filed 11/8
    Laid off 12/8
    341 12/8
    New Job 1/9
    Laid off 9/9
    Turned into asset case 6/9 (Tax return and i was ~$350 over the limit in stocks)
    Discharged 2/9
    10/9 Motion for Relief from Stay Property was filed.

    I planned on keeping the house, but I quit paying in April due to hours being cut and work, and realizing that my home wasn't worth keeping. I was laid of in September, and today I saw the motion on PACER. I assume that the court hearing is a formality and there is nothing I can really due about it. On my filing I put my home was worth $165k (according to Zillow) a year later Zillow says it's worth $115.

    So my questions are

    #1. Do I need to bother to pay my attorney to show up to this?
    #2. Since I was turned into an asset case will I have to pay the ~$350 I was over the limit or did the trustee take it out of my tax return?
    #3. Any way to stall as I am out of work?
    #4. When will my case finally be closed?

    Thanks for any advice, insight, and help.
    Tags: None
    #2
    If you're surrendering your home, no need to have anyone attend the hearing. The judge will grant relief from stay anyway. All this means is, they may proceed with the foreclosure process. How long that takes depends on the hoops your state requires lenders to jump through before they can foreclose/evict.

    As your lawyer about a timeline for your state as well as how asset cases are handled in your dictrict. You'll be discharged on schedule but, the trustee will keep it open until the funds are received.

    Please tell me you didn't reaffirm the house.

    Comment

      #3
      On my schedules I filed I said I planned on keeping the house, but I signed no refirm agreement.

      Didn't the trustee get the funds when he took my tax return? It was about $900 and I got a check back from him for about $150.

      Thanks for all the help.

      Comment

        #4
        Didn't the trustee get the funds when he took my tax return? It was about $900 and I got a check back from him for about $150.

        I have no idea. Why not call your lawyer and ask?

        Comment

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