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Submitted by on Sat, 09/25/2010 - 23:19
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Can you please recommend an attorney in North Bergen, NJ
We filed Ch.7 last year and got discharged notice after 3 months. However, I don't think we reaffirmed the house with the Bank. We did not use an attorney. We did everything ourselves with my husband. Now, we received notice of claim forms from the Trustee. It seems like they will foreclosure on our house even though we mentioned the trustee that we want to keep the house and signed the forms accordingly. We are not sure if we can still keep the home and refinance it or it is tool late for this.


Quote:

Originally Posted by Anonymous
Can you please recommend an attorney in North Bergen, NJ
We filed Ch.7 last year and got discharged notice after 3 months. However, I don't think we reaffirmed the house with the Bank. We did not use an attorney. We did everything ourselves with my husband. Now, we received notice of claim forms from the Trustee. It seems like they will foreclosure on our house even though we mentioned the trustee that we want to keep the house and signed the forms accordingly. We are not sure if we can still keep the home and refinance it or it is tool late for this.


What do you mean by "we received a notice of claim form from the Trustee"? Was it a Notice to File a Proof of Claim. If so it is sent to all creditors but this has nothing to do with your home. If so, there must be $$ that the Trustee needs to send to creditors. Your mortgage lender will not share in the payout. Your unsecured creditor will.

If you are current with the mortgage payments you are FINE. You do not need to reaffirm. You do not need to do anything. If you are behind in payments you need to contact your lender to work it out.

Des


Submitted by despritfreya on Sun, 09/26/2010 - 07:05

despritfreya

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Dear Des,
Sorry to take your time again. What I don't understand is;
where the trustee would find money to spread around creditors since we don't have sufficient fund in our account even for us. We live in a coop and the building was converting the building the condo last year and asking additional $110,000 from each unit. Our credit card maxed out when this happened. Then we decide to file Bankrupcty. We are hardly manage even after bankruptcy.
It does not make sense to me why all of a sudden, Trustee sent creditors notice that there may be some payment for them. Again, where the trustee would find money to spread. Are they going to request from us.
Thank you for your reply.


Submitted by on Sun, 09/26/2010 - 08:31

( Posts: 202330 | Credits: )


Quote:

Originally Posted by Anonymous
Dear Des,
Sorry to take your time again. What I don't understand is;
where the trustee would find money to spread around creditors since we don't have sufficient fund in our account even for us. Thank you for your reply.


Do not apologize for taking my time. This is why you post and why you get responses.

One of two things has happened:

1. Your turned over some tax refund, the Trustee has liquidated some non-exempt asset you had or the Trustee has recovered some preferential payment you made to some creditor within the 90 days prior to filing (that would be a payment in excess of $600 paid to an unsecured creditor like a credit card or payment of any amount made to a family member for repayment of a loan within 1 year prior to filing - ring any bells?).

or

2. The Notice was sent in error.

If #1 does not apply, call your Trustee tomorrow to find out why the Notice was sent. Do not lose sleep over it.

Des.


Submitted by despritfreya on Sun, 09/26/2010 - 08:41

despritfreya

( Posts: 175 | Credits: )