![]() |
| ||||||||||||
| |||||||||||||
| |||||||||||||
| |||||||
| | |
![]() |
| | LinkBack | Thread Tools | Rate Thread | Display Modes |
|
#1
| |||
| |||
trustee abandonmentWhat is the name of your state? Ohio The trustee in my bankruptcy sent me a notice that there is a proposed abandonment of my property. What does that mean? Will I have to abandon my house? |
|
#2
| |||
| |||
| What that means is that it appears that your property, in which the estate of the bankrupt has an interest, is either encumbered by liens in excess of its fair market value or is of such small value that the likely sale price would not be sufficient to defray the expense of appraisal and sale, or is otherwise of no economic value to creditors.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
|
#3
| |||
| |||
| .. and in plain terms - they Trustee is telling you, and your creditors, that you have nothing to take and sell and he is "abandoning" it. This is a good thing !
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
|
#4
| |||
| |||
| Only partly correct. The trustee is notifying your creditors of his decision to abandon the property and giving the creditors a specific amount of time to challenge that process. Then, IF THE COURT SO ORDERS, the property can be waived from the estate. That does NOT mean that you are free of it.
__________________ There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution). Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport! |
|
#5
| |||
| |||
| Abandonment means that the trustee no longer claims the property for the estate. That means it's yours as soon as the court allows the motion. If there are liens that can be avoided, it's now your responsibility to file a motion under B.R. 4003(d) to make that happen. If the asset being abandoned is a cause of action (such as a Truth in Lending claim), it's now your responsibility to commence an adversary proceeding or other lawsuit to pursue it. Creditors may object if they think the property actually has value that will help pay their claims. This is very unlikely to happen, because the trustee will assuredly not abandon property that truly does have some non-exmpt value.
__________________ -- Walter Oney, Attorney at Law (Massachusetts) Nothing in this message should be construed as legal advice or as establishing an attorney-client relationship. |
![]() |