I agree. Whether the overpayment is dischargeable would depend on when the overpayment occurred and whether you listed the debt. To be dischargeable the overpayment would have to have occurred prior to the filing of your bankruptcy and you would have had to list the insurance company.
Check you policy to see if they have the right to offset against future payments due.
One of three things happened. Either the motel sold before you filed bankruptcy or the note holder got relief from the bankruptcy and foreclosed or the note holder is in violation of your bankruptcy Automatic Stay. Unfortunately, there are not enough details to determine which is the case.
Since it is only October 7th today I'm not sure how your conversion was approved on October 21st. But assuming it is a typo, the schedule 341 hearing takes longer to be assigned in a conversion than in a Chapter 7 filing. You are still required to comply with the filing of the plan within the required time. However, the answer if file the plan. Not filing the plan is terminal, so file the plan. Additionally, there are other schedules you are required to file in a conversion. If you are not...
You have several problems. The first is that you are trying to do this with out an attorney. The second is that you are risking apparently a lot of value on an internet answer. I disagree with my colleagues.
California has a statutory lien law for storage facilities. If you file a Chapter 7 the value in excess of the lien could be liquidated by the trustee. It would halt the sale for the trustee to investigate whether the "bankruptcy estate" has an interest in liquidating your stored goods....
Unfortunately, you description of what transpired is not detailed enough to determine what recourse you may have against Bank of America. I think you were aware of the foreclosure sale approaching from your description. Bank of America did not need to authorize the "attempt" to short sell the property or advertise a short sale. So the question is did what ever "you say" Bank of America "agreed to" with regards to a short sale constitute a cancellation of the foreclosure or a "deceptive...
Combination of lien search and pulling credit report. Lien search might give you an approximation of any recently placed liens such as an HOA debt. Credit report should give you an approximation of the balance due on the mortgages. However, the stand procedure in a potential sales situation is to request payoffs.
You attorney should be telling you what is next not you telling the attorney what is next. If you were not able to come to an agreement then the assumption is that your case will be contested. There will be a contested hearing scheduled. If your attorney is not laying this out clearly the first discussion you should have with the attorney is regarding communications.
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Unfortunately, the options are too complicated to answer with such limited information. Advising you to convert to a Chapter 7 would be reckless unless I was sure you qualified, all your assets were protected, and that you had unsecured debt to elminate.
I believe your question focuses more on what to do about your house.
The first thing you need to do is meet with your Chapter 13 attorney. He is your best authority on the impact and advantages that your bankruptcy can provide to further...