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  1. #1

    Default Bankruptcy Trustee is Trying to Sell My House

    My question involves bankruptcy in the state of: TN

    I decided not to reaffirm my house. I also negotiated with the trustee to lower my $50k exemption to $10k. Now the trustee listed the house with a realtor for about 125k more than was owed on the mortgages. I took great pictures and the house is clean. I have allowed access to the house for the realtors to show it when they want.

    The problem is that I fly an American flag upside down outside and have several no trespassing signs. The realtor and trustee want it all gone. They say that one prospective purchaser put an offer on another house because I flew the flag in that manner. I imagine the trustee could go to the judge and ask I be removed from the house so the flag would not be an issue. I think the house would be more difficult to sell if unoccupied and no electricity, air conditioning, or furniture.

    I was curious about the time frame it would take the trustee to remove me from the house. I'm thinking about a month to get a court date to be heard on the motion and another month to evict? Also, would I have to continue to carry insurance on the property if I am removed?

    I expect to move back in after the trustee figures out the house is over priced and that it won't sell and gives it back to the lender/creditor so they could foreclose on it or I could try for a short sale or something.

  2. #2
    Join Date
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    Default Re: Bankruptcy Trustee is Trying to Sell My House

    If you really want to play games in bankruptcy court, you had best consult a bankruptcy lawyer about your planned course of conduct.

  3. #3

    Default Re: Bankruptcy Trustee is Trying to Sell My House

    Quote Quoting Mr. Knowitall
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    If you really want to play games in bankruptcy court, you had best consult a bankruptcy lawyer about your planned course of conduct.
    That is not an answer.

  4. #4
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    Default Re: Bankruptcy Trustee is Trying to Sell My House

    And if it needs further explanation:

    The Trustee can make your life far more hellish than you can ever dream of making his (or her) life.

    You play, you WILL pay. You're nothing but a number in BK court.

    - - - Updated - - -

    Quote Quoting teacher94565
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    That is not an answer.

    Sure it is. It's just not what you wanted to read.

  5. #5

    Default Re: Bankruptcy Trustee is Trying to Sell My House

    Quote Quoting Dogmatique
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    And if it needs further explanation:

    The Trustee can make your life far more hellish than you can ever dream of making his (or her) life.

    You play, you WILL pay. You're nothing but a number in BK court.

    - - - Updated - - -




    Sure it is. It's just not what you wanted to read.
    So, explain what they can do. Evict me after an order from the judge? What else? I received a discharge sometime ago.

  6. #6
    Join Date
    Sep 2010
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    19,863

    Default Re: Bankruptcy Trustee is Trying to Sell My House

    Understand the trustee doesn't represent you, he represents the debtors on behalf of the court.
    Despite what you think your rights are, you are wrong. Just because you received a discharge doesn't mean the courts have no power over you. You do understand that in the worst case scenario your discharged bankruptcy CAN be reopened?

  7. #7
    Join Date
    Sep 2010
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    Florida
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    Default Re: Bankruptcy Trustee is Trying to Sell My House

    Sounds like an asset case if the trustee is trying to sell the house. If that is the case a discharge was already received prior to sale? Observation from the peanut gallery.

  8. #8

    Default Re: Bankruptcy Trustee is Trying to Sell My House

    Quote Quoting flyingron
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    Understand the trustee doesn't represent you, he represents the debtors on behalf of the court.
    Despite what you think your rights are, you are wrong. Just because you received a discharge doesn't mean the courts have no power over you. You do understand that in the worst case scenario your discharged bankruptcy CAN be reopened?
    Anyone's bankruptcy can be reopened, but there is no reason to reopen mine. It was an open and shut case with everything disclosed and no funny business. If reopened what do you think the trustee would do? I have no income and no unencumbered assets.

    I won't take the flag down, so I believe the trustees only move would be to order me to vacate / evict me. Their chances to sell the house drop once the utilities are disconnected and it is 100 degrees inside the house and the yard is over ran with 3 foot tall grass. I don't have to worry about codes violations or HOA fines because the property is in the country.

    - - - Updated - - -

    Quote Quoting df04527
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    Sounds like an asset case if the trustee is trying to sell the house. If that is the case a discharge was already received prior to sale? Observation from the peanut gallery.
    Yes, discharged a couple of months ago.

    I don't ever plan on filing bankruptcy again, but if I did I would not negotiate away my exemption as I did this time. I would rather all be done with the bankruptcy and deal with the bank and the foreclosure than the trustee and his real estate agent.

  9. #9
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    Default Re: Bankruptcy Trustee is Trying to Sell My House

    As you were told, if you want to play childish games you should consult a lawyer.

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