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We filled Chapter 7 8/2010 and it was supposed to be finished

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We filled Chapter 7 8/2010 and it was supposed to be finished 12/2010. We had 5 acres of land that was offered to be sold to pay our creditors; however, someone dropped the ball and we never signed over our property. Our trustee resigned early 2011 and another lawyer took over; however, she did nothing even when we called several times about the property. We were getting late notices on the property so we paid the taxes for 2010. Then November 2011 this lawyer sent letters to all of the creditors again (after not one showed up in the beginning) and our lawyer said that the bankruptcy was resigned but not closed out so it could be opened to the creditors again. The next due date to reply was Feb 6th. Our lawyer said if no creditors made a claim, the 5 acres would belong to us. Some creditors made a claim; however, we feel that because the first due date was a year ago that it does not seem right that this other bankruptcy lawyer could open our case back up. We were willing to give up the 5 acres but not now after we thought everything was finished 12/2010. Is there anything we can do, like get another lawyer. Our lawyer has not been available at all to us, we always have to talk to his assistant and he was not willing to write a letter to this new attorney for us, just told us to wait. Thanks you for your help. Hope I have made clear what happened to us.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  CML Bankruptcy replied 2 years ago.

Good morning. I am happy to help you.

 

When you say the bankruptcy was "finished" in December 2010, do you mean you received your Discharge? Or do you mean that the case was closed by the bankruptcy court?

 

Please provide this additional clarification so I can more accurately and specifically answer your question.

 

Thanks,

Cara

 

 

Customer: replied 2 years ago.
I am sorrry when I emailed you, I could not think of the word discharged. The bankruptcy was discharged 12/2010 and we were told it was finished so we thought that we would keep our 5 acres. Our creditors had already had a chance to make a claim in 2010.
Now our lawyer says there is a difference in discharged and closed and that our debt was discharged but the bankruptcy was not closed so the new lawyer had every right to send notices to all of our creditors. It just does not seem right for all of our credititors to get another chance to make a claim against our 5 acres. We were told when we attended the creditor meeting that someone woulld be in touch with us and have us sign a quit claim deed for our property. We never heard anymore from the court, until this notice that the new lawyer was sending out a chance for any creditors to make a claim that did not make a claim to begin with.
When we received a property tax notice that the county was going to put a lien on our property which was 7/2011, we called this lawyer, she would not call back and according to her assistant not even answer our simple question. What are we supposed to do about the tax bill. Our own lawyer's assistant would not let us talk or our lawyer or have him call us back with the simple answer to the question. She kept insisting that the land did not belong to us. We practically begged for somone to answer our question but we just could not get an answer.
Thank you for your help in this matter.
Customer: replied 2 years ago.
Now our lawyer is saying that the bankruptcy lawyer will put a value on the 5 acres of land and if we have the money we can pay that amount and keep our land. We used all of our cash assets trying to stay afloat before we bankrupted.
The bankruptcy lawyer is charging $346.00 per hour and we are not told how many hours she is claiming she has worked but could not be many for all she has done is send a letter out, her money will come off the top of selling the land, and the rest will be divided between our creditors.
Also, if our land is taken now, we have paid taxes in 2011 in the amount of $1,200.00 in July since the land was still in our name, so can we get reimbursed from this when the land sales or are we just our this much more money. Thanks.
Expert:  CML Bankruptcy replied 2 years ago.

Good morning again.

 

I am not sure of the clear question you have as there seem to be multiple questions in your postings, however:

 

When you state: "Now our lawyer says there is a difference in discharged and closed and that our debt was discharged but the bankruptcy was not closed so the new lawyer had every right to send notices to all of our creditors. It just does not seem right for all of our credititors to get another chance to make a claim against our 5 acres. We were told when we attended the creditor meeting that someone woulld be in touch with us and have us sign a quit claim deed for our property. We never heard anymore from the court, until this notice that the new lawyer was sending out a chance for any creditors to make a claim that did not make a claim to begin with." That is entirely true and possible (the delay). A discharge is different than the closing of the case. The discharge is what you, the debtor, are seeking when you file the case. The case remains open though to allow the Trustee to research and review assets that you aren't allowed to keep. This process may take months or years, depending on the asset(s) the Trustee is disposing of.

 

I cannot speak as to why you weren't able to reach anyone regarding what to do about the tax bill. I cannot speculate as to why no one called you back.

 

As for the status of the property: Yes, if you have the amount the Trustee has valued the property at, you can essentially "buy" it back from the Trustee.

 

I hope this has answered your question. Please remember to click the green "accept" button as that is the only way I receive proper credit and compensation for assisting you.

 

Good luck to you!

CML Bankruptcy, Attorney
Category: Bankruptcy Law
Satisfied Customers: 24
Experience: Highly experienced in Chapter 7 & 13 bankruptcy.
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