QUESTION

What do I do if ex owes me $38,000 equity on home from divorce on a promissory note over 10 years?

Asked on Feb 20th, 2013 on Bankruptcy - Michigan
More details to this question:
I filed bankruptcy chapter 7. Court made me sign note to trustee, docket shows $10,200 on bankruptcy. She has paid the trustee over $12.5000 on note. When questioned trustee says will not close until she has paid note off or he sells it. I need the $370.00 per month that is going to the trustee. I am living on $1,000 a month. I pay off in 2019. Selling it would cost me 15-25%. I lose both ways.
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3 ANSWERS

OK, first of all, it doesn't sound like the ex "owes" you anything anymore. It sounds like the trustee took it as an unexemptable asset in your bankruptcy. I am assuming you got your discharge already, but the case remains open while the trustee collects the money. I can't think of anything you can do, except maybe to appeal to the trustee (good luck with that). Did you have representation?? If so, talk to your lawyer.
Answered on Feb 26th, 2013 at 10:09 AM

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Bankruptcy Attorney serving Plantation, FL at Moffa & Breuer, PLLC
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You should have known that you would lose your rights to the note when you filed your case. Any good attorney would advise you of this. I suggest that you have someone review the claims filed in the case and try to determine if, or when there might be sufficient funds to pay all of the filed Proofs of Claim, with interest along with the attorney's fees, accountant fees and trustee fees. It seems like filing your bankruptcy case was a very poor legal decision if you only had $10,200 of claims. I hope you didn't fight with the Trustee over signing over the Note or you helped increase the funds needed by the Trustee to pay the administration fees and expenses. Why would anyone let you file bankruptcy when you needed that money? You had everything to lose and very little to gain, unless I didn't understand the fact pattern.
Answered on Feb 25th, 2013 at 2:27 PM

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Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
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Thats the price you pay for bankruptcy relief. By the way you cannot sell your home as it belongs to the Trustee currently.
Answered on Feb 25th, 2013 at 1:36 PM

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