This is a recurring problem recently. Make sure you have claimed the homestead exemption, provide the trustee with proof that you are making the payments on the house, and oppose the trustee's motion to sell. The means test results do not necessarily mean you cannot convert to Chapter 13. If you can find the means to make a small Chapter 13 payment, even with the help of a family member or friend, you should be able to convert so long as no bad faith is involved. These are my two cents - I have not encountered this problem in any of my cases but we always exempt the home even if it's only $1.
The information provided herein does not create an attorney client relationship and is not a substitute for having a consultation with a bankruptcy attorney. It is important to have a consultation with a bankruptcy attorney as the information provided in this forum is limited and cannot possibly cover all potential issues in a given situation.Ask a similar question
I agree with Attorney Larkin. You need experienced bankruptcy counsel if you hope to get through this. If I were you, I would give her a call.
I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this referenceAsk a similar question
You may be able to stay in your Chapter 7, but you are going to have to find an experienced attorney to help you. And, you need to it quickly. Find another attorney, get a Broker's Price Opinion on your house and do it now. Good luck.Ask a similar question
We are just seeing this happen, here, in Florida, when a clients choose to exempt their personal property (called a wildcard exemption here) rather than claim the house. I agree with Ms. Larkin. I'd immediately amend schedules to exempt your homestead, & argue it was an unintentional mistake not to exempt, and fight the short sale. If that didn't work, I'd convert to a chapter 13. A chapter 13 should prevent the chapter 7 trustee from short selling the property, as chapter 13 debtor's property vest with the debtor.Ask a similar question
Bankruptcy Chapter 7 bankruptcy Chapter 7 bankruptcy means test Bankruptcy petition Bankruptcy documents Bankruptcy homestead exemption Chapter 13 bankruptcy Credit Debt Bankruptcy and debt Chapter 13 bankruptcy reorganization plan Real estate finances Short sales Real estate and bankruptcy Real estate Mortgage debt