Posted on: 30th Sep, 2010 07:46 pm
Thank you for your time!
I filed bankruptcy in August 2009. Was discharged in November 2009. The case is not closed and the trustee just hired an attorney stating that there might be assets to get.
I've no idea what assets he is talking about. And now the lender on my home and one upside down rental property has raised the mortgage payments on each of the properties by $750 each. The rental property was not covered at the earlier rate and I don't have the income to cover the increase in my home loan.
I talked to the attorney's office that took my case when my attorney retired and I said that the bank was likely to file foreclosure on these. And he said, "well, it is too bad for them. They can't while the trustee does this review and they don't have relief from stay to do this".
Can someone explain what the attorney hired by the trustee does and what happens in this event? And, what happens if a bank tries to foreclose while my bankruptcy case is discharged but not closed?
Thank you so much - I'm so confused right now!
I filed bankruptcy in August 2009. Was discharged in November 2009. The case is not closed and the trustee just hired an attorney stating that there might be assets to get.
I've no idea what assets he is talking about. And now the lender on my home and one upside down rental property has raised the mortgage payments on each of the properties by $750 each. The rental property was not covered at the earlier rate and I don't have the income to cover the increase in my home loan.
I talked to the attorney's office that took my case when my attorney retired and I said that the bank was likely to file foreclosure on these. And he said, "well, it is too bad for them. They can't while the trustee does this review and they don't have relief from stay to do this".
Can someone explain what the attorney hired by the trustee does and what happens in this event? And, what happens if a bank tries to foreclose while my bankruptcy case is discharged but not closed?
Thank you so much - I'm so confused right now!
Hi btm,
Unless your bankruptcy case is fully closed, then the lender will not be able to foreclose the property now. He will have to wait till the bankruptcy case is foreclosed. As far as the attorney hired by the trustee is concerned, I won't be able to let you know what he will do regarding your bankruptcy case.
Thanks
Unless your bankruptcy case is fully closed, then the lender will not be able to foreclose the property now. He will have to wait till the bankruptcy case is foreclosed. As far as the attorney hired by the trustee is concerned, I won't be able to let you know what he will do regarding your bankruptcy case.
Thanks