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  1. #1
    Join Date
    Dec 2007

    Default Not Filing House As "Exempted"

    State of Hawaii.

    Two years ago, I filed BK. I live in Hawaii, but owned a house in New Jersey. My son and my ex-gf lived in the NJ home as an agreement (between us) for child support. I paid 50% of the mortgage and 100% condo fee. The mortgage and condo fee was paid up-to-date and had less than $10,000 balance.

    I tried getting a second mortgage, but once I applied every creditor i had now had my address and phone number. It got ugly. I decide to sell the house and pay off everyone, but a lawyer got some kind of "hold" on the house and threaten (in a funny nice sort of way) that my time to sell has passed and he was in the process of obtaining it.

    As a last resort I filed BK. My lawyer stated and to this day she still says I should have received approximately $8000 for the sale of the house, no matter how much it was auction off for.

    I called the trustee and he stated I won't receive anything, he stated, I did not list my house as "Exempted".

    The part that really confuses me is he asked me about a year ago, a bunch of questions regarding remolding and how much I spent on the house and when I last used that house as a primary resident. I answered his questions and he stated "Let get your money". I still even have the email he sent saying that...

    What happen?

    My lawyer is now retired, so she not much help, but still claims I should have received the money.

    Any advice will be helpful. The trustee said he will open up the case again if I can prove him wrong.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Not Filing House As "Exempted"

    I don't have enough information to answer this. Ask your lawyer to explain it, or to refer you to a lawyer in active practice who can explain it - he should know other bankruptcy lawyers, and they'll have access to the court records and trustee.

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