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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15822
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I filed Chapter 7 bankruptcy and it was discharged in July

Customer Question

I filed Chapter 7 bankruptcy and it was discharged in July 2011, I owned a piece of property that family lived on for free and during the bankruptcy process the trustee told my attorney they were taking the property and selling it since I had no legal right to keep it since I do not live there. I never recieved anything official regarding it, only my lawyer telling me this. It is now December, the property is still in my name, they still have not taken it legally, the taxes were sold at auction, I wasn't paying it since it was not mine, now I am being fined by the city over what people have dumped on it. How long can this go on ruining my credit even more and being fined over property my lawyer says legally isn't mine to do anything with yet they refuse to take it out of my name?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 2 years ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

Have you or your attorney contacted the trustee?

Customer:

My attorney claims he has but I am seriously questioning it now after speaking to him every month since the discharge and he told me 3 times he was filing to ask them to abandon the property or take it and today he says he hasnt done it yet and doesnt see it doing any good and he is "calling" the trustee again today

WALLSTREETESQ :

This is a problem,

WALLSTREETESQ :

I would write a certified letter to the trustee yourself, and advise the trustee of the situation, and the fact

WALLSTREETESQ :

that you owe this money and are being fined by the city, also advise the trustee that they are now liable for the payments.

WALLSTREETESQ :

The trustee may respond to you or your attorney,

WALLSTREETESQ :

if no action is taken after 2 weeks, I would consider speaking to another attorney to file a motion in court to have the property declared abandoned so you can own it again or sell it.

Customer:

I do not have any contact info for the trustee, nor have I recieved anything stating they are taking it or abandoning it, my attorney isn't very helpful and claims the property issue is seperate from the bankruptcy but if it werent for the bankruptcy, the property would be mine to sell....I'm confused

WALLSTREETESQ :

The trustee information should have been given to you, and should be on your letter from the Court,

WALLSTREETESQ :

If not go to the bankruptcy court ASAP, and have them make a copy of your petition and the trustee information, and start that way,

WALLSTREETESQ :

You should have all this information.

Customer:

Can they let this sit forever in my name or after a certain length of time can I dispose of it without having to spend more money to take it to court?

WALLSTREETESQ :

Typically the trustee has to decide whether he will abandon the property when he files for your discharge letter typically 6 months after your 341 meeting,

WALLSTREETESQ :

if nothing takes place after 6 months, you will stall have to wait for the trustee letter stating he has abandoned property, once he does that you can use the property for yourself

Customer:

Thank you very much

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15822
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and 2 other Bankruptcy Law Specialists are ready to help you

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