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Trustee Wants to List Bankrupt Homeowner's House on the Market

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  • 04-02-2018, 07:40 AM
    despritfreya
    Re: Trustee Wants to List Bankrupt Homeowner's House on the Market
    If she converts to a 13 she is looking at a monthly Plan payment somewhere around $590.00 per month for a total of 60 months if all creditors file timely claims. If she is paying on a vehicle that payment probably will be added to my estimate.

    Three options. . .

    1. File motion to convert and go for the 13 - pay all claims over 36 to 60 months. The shorter the Plan the higher the payment. The longer the Plan the lower the payment.

    OR

    2. Have the Chapter 7 Trustee issue a claims bar date. After that date runs calculate how much it will take to pay all of the unsecured claims plus the Trustee's fees (including attny fees if he hired one) then come up with the cash to pay the claims. The cash could come from family, friends or a loan against the equity in the home.

    OR

    3. Let the Chapter 7 Trustee sell the home. She gets her homestead exemption. Remaining funds are used to pay all of the claims that are filed as per option 2. Once all claims and fees are paid, excess funds will be returned to her.

    She should discuss these options with her attny.

    Des.
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