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  1. #11

    Default Re: Property Ownership With Co-Owner in Bankruptcy

    My lawyer keeps telling me that my only option is to "pay both of the trustee and the debtor off". My lawyer has also been forced to cancel two prior scheduled meetings with opposing counsel, due to the admitted fact that at times he "drinks a little too much and his gout begins acting up". He also could not tell me the meaning of "adjudication" last week. I know I am up a creek, but also know that, even drunk, he is still a better option than me trying to go it pro-se against the Federal Bankruptcy Court.


    The way I see it I have two options...go it pro-se, or go with my counsel's advice (which is against every cell in my body) and, after fighting for TWO YEARS, now just give up and pay my Ex (via the court) 15k to pay off his bills. AND then pay him ANOTHER 20k (on top of the 18k of his 1/2 of the house payments I have made for him over the past two years)so that he can get his down payment back prior to signing over to me the home he abandoned???

    This individual lied to the court on his schedules to the tune of over 35k in undecared property/financial accounts. He told me not long ago that he had been planning all of this for over two years! I took the original receipts/financial papers proving same to the trustee, and she said it was not "enough" and it would "just be easier" to recoup monies from my property. I would like to have the option to ensure that debtor would not prey on anyone again like this, but do not see where I have that power.

    At this point only trying to get out and still keep a roof over my head....PLEASE HELP ME FIND JUSTICE.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Property Ownership With Co-Owner in Bankruptcy

    Debtor files bk, claims homestead as exempt
    allowed by the BK laws of your state

    Debtor stops paying for homestead and moves out
    Ok but that really does not change anything

    Estate Trustee abandons exempt homestead
    please explain. The trustee cannot do anything to seize the property since it was exempt


    Debtor is discharged, but NOT from lein on homestead.
    absolutely correct.
    How is it that the homestead was never considered as seizable property in the bk,
    because of the homestead exemrtion

    the lein survived and debtor just gets to walk away, leaving everyone else who made the mistake of trusting debtor to clean up after him.....
    yes, the lein survived but he cannot be forced to pay for it ans as long as somebody is paying the note, they will not forclose.

    and those innocent scammed ppl can lose it ALL as a result and yet they have NO RECOURSE. How do the Federal Courts apply that as Justice?
    that is what BK is but do take notice that we just recently had a newer better version that makes things a bit tougher.

    It just seems very, very wrong.
    if successfully abused, yes, it is wrong but since the trustee will not see what is wrong, there is little you can do.

  3. #13

    Unhappy Re: Property Ownership With Co-Owner in Bankruptcy

    Quote Quoting jk
    View Post
    allowed by the BK laws of your state
    Ok but that really does not change anything

    please explain. The trustee cannot do anything to seize the property since it was exempt


    absolutely correct.
    because of the homestead exemrtion

    yes, the lein survived but he cannot be forced to pay for it ans as long as somebody is paying the note, they will not forclose.

    that is what BK is but do take notice that we just recently had a newer better version that makes things a bit tougher.

    if successfully abused, yes, it is wrong but since the trustee will not see what is wrong, there is little you can do.
    JK, I know these are not your laws, thus my response is not aimed at you....But I cannot afford, either financially nor morally, to accept the answer that my only option as an honest, conservative, hard working taxpayer, is to sit back and let the government, doing the work of a dishonest debtor, take me for everything I have and leave me destitute.

    That JUST CANT BE! SURELY IT IS NOT MY ONLY OPTION HERE!!!!????

  4. #14

    Default Re: Property Ownership With Co-Owner in Bankruptcy

    bump for anyone????????????????

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