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  1. #1

    Default Chapter 7 Asset Case

    My question involves bankruptcy in the state of: Maryland. I am in a Ch 7 Asset case. I have poor legal assistance. The BK attorney, against my request surrendered my primary residence in the "Statement of Intent on behalf of DebtorFiled by Michael G. Wolff" I asked to reaffirm my mortgage and continue to live in my home. I gave my BK attorney an amended complaint and requested to be converted into Ch 13. My salary increased with my new job. My BK attorney did not file the amended complaint. Now the trustee has taken possession of the home and went to settlement two weeks before the scheduled settlement date. I am now homeless. Is there any thing I can do to regain my primary residence. I am submitting "pro se" the amended complaint.

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Chapter 7 Asset Case

    Your question does not make sense. . .

    1. You filed a Chapter 7 knowing you were behind in mortgage payments and wanting to keep the home? If so, why did you start as a 7?

    2. You say the Trustee is taking the home. Then there must be equity in the home over and above your allowed exemption. Is that correct? If so, the only way to keep the home in the 13 is to agree to pay that non-exempt value to your creditors along with curing any default to the lender and maintaining future mortgage payments. How much equity are we talking about? How far behind are you in your mortgage payments? Can you afford to "cure and maintain" plus pay the non exempt value to your creditors if you were allowed to convert?

    3. You say you wanted your lawyer to file an "amended complaint". Did you file some sort of adversary proceeding in the Chapter 7? What "complaint" are you amending.

    One does not have the absolute right to convert a Chapter 7. Did you file a Motion to Convert and that Motion was opposed by the Trustee? You have not told the whole story in this thread. Please tell us what is going on in more detail.

    Des.

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