I petitioned for a chapter 7 bankruptcy Sept. 2011. It was discharged Jan. 2012. I continued to make payments on my home. In Dec. I lost my job. By May I needed to put my house on the market. At the time of the bankruptcy it was stated my home was worth200,000. Due to current comps/sales in the neighborhood, I was able to list it for 285,000. The attorney who did my case said to go ahead and list it. He prepared a Motion to Abandon and filed it. Trustee notified Creditors and set a Proof of Claim deadline of July 31,2012. In a very unexpectedly short time, 6 days, I had a solid offer.My Attorney then sent an email stating I could wait and see what claims are filed and then with remaining funds from sale, pay allowed proof of claims in full, including Trustee commission.Another option he stated was to convert my case to Chapter 13 and make arrangements to pay unsecured debt through this plan.I have tried to call a number of times over the past 2 weeks and he doesn't return my calls. My closing date is July 9 and I am at a loss as to how to proceed. Can you advise me?PV Denver, CO
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome,It is my goal to deliver information in five-star manner. I am a licensed attorney but I am not your attorney. The law does not allow me to provide legal advice or form an attorney-client relationship on this public forum. If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button.Do you know whether the property was abandoned? In other words, was the Motion to Abandon approved?
I'm not sure if you got my response. Sorry if this is a repeat.
I have not received anything by mail from the court saying the approved the motion.
This is the first reply I have received from youIt is important to determine whether or not the trustee has abandoned the property. If the property was abandoned,typically you would be able to proceed with the closing and retain the funds above the closing costs and mortgage. If the trustee has not abandoned the property, typically you would not have the right to close as the property would be considered part of the bankruptcy estate.Does this make sense to you?
I am confused why you would leave negative feedback rather than continuing the conversation.
I didn't mean a negative comment. I just need more info. You answer was clear. But
I don't know how to get the infor I need about the abandonment.
How do I proceed with the motion in order to get the abandonment approval?
I understand – there is a new system, it is confusingThere should be a "continue the conversation" that you can click in the futureYou can contact the trustee's office and inquire whether the property was abandoned and whether the case has been closed. If the property was abandoned, you would then ask whether your case has been closed. This would be the best scenario and you could typically proceed with the closingIf the case is not closed and the property has not been abandoned, you will need to ask the trustee how he would like to proceed.It is my pleasure to provide you with legal information.Your satisfaction is very important to me. If you cannot leave me a five-star rating indicating Great Service please do not rate me but rather please let me know by clicking "continue the conversation". If you are satisfied with my service, please leave positive feedback regarding my service even if the law is not in your favor.Please let me know if I can assist you in the future by starting your new question with "For FiveStarLaw"
What will happen if I get to closing and don't have approval of abandonment
You could possibly have criminal repercussions as well as civil. You would be selling a property that you do not have the right to sell.
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