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  1. #1
    Join Date
    May 2011
    Posts
    2

    Default Trustee Still Interested in My Home After Discharge

    My question involves bankruptcy in the state of: Virginia

    I filed chap 7 and it was recently discharged. I was behind on my mortgage but wanted to try to keep my house. I have additional real property in addition to my main home. The second property has a trailer which I rent out and use as a source of income.

    My lawyer has kept telling me not to make payments on my mortgage for my main home. Now he is telling me although I am discharged to not make payments still as the trustee is still interested in my home/s and property.

    Does this seem right? When will the trustee release his interest? I dont want to lose my home.

    Thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Trustee Still Interested in My Home After Discharge

    Your discharge has nothing to do with the Trustee's administration of your case. Until your Trustee abandons the property, the property belongs to the bk estate (subject to any allowed exemption). If there is value in the property over your allowed exemption the Trustee has the right to liquidate the asset. Abandonment either happens when the case is "closed", not discharged, or 14 days after the Trustee files a "Notice of Abandonment" (assuming no one objects), which ever happens 1st.

    As it relates to the collection of rents, you might want to read this - depending on the situation with the Trustee you may or may not have a problem:

    http://www.bkforum.com/showthread.ph...-7-A-Must-Read


    Des.

  3. #3
    Join Date
    May 2011
    Posts
    2

    Default Re: Trustee Still Interested in My Home After Discharge

    Thanks for the info. Is there a time frame the trustee will either take the property or file the notice of abandoment? I just dont know if I should be looking for a place to rent or what.

  4. #4
    Join Date
    Sep 2010
    Posts
    478

    Default Re: Trustee Still Interested in My Home After Discharge

    Quote Quoting vagirl73
    View Post
    Is there a time frame the trustee will either take the property or file the notice of abandoment?
    Unfortunately, no. But. . . there is nothing wrong with you contacting your Trustee and asking what he plans on doing and when.

    Des.

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