A
A550110
Guest
What is the name of your state? What is the name of your state? Texas
I could not afford to hire legal representation in any of the following cases. I tried to represent myself as much as I could.
In 1998 my Homeowners association (HOA) filed a lawsuit against me.
In Jan 2000, hot water flooding caused a damage of approximately $15,000 in my condo. HOA said that they kept the insurance money to reimburse themselves for legal fees and did not give me money for repairs.
In 7/2000, I filed chapter 13 but withdrew it after 13 days.
In 2/2001, I filed another chapter 13. I could not go to court. I can not reach anywhere before 3:00 P.M. because of disabling condition of Narcolepsy.
I had been suffering from this disabling condition since 1987 and I had been borrowing money for medical expenses.
On 10/4/2001, my lender, an individual, filed a lien of $42,000 as mortgage against equity.
On 3/18/2002, he filed another lien of $10,000 as construction money lien. since HOA had not given me insurance money, I had to borrow for emergency repairs.
The bankruptcy judge dismissed my case without prejudice on 2/11/2002.
Later, in 4/2002, in my absence, on HOA's motion, the judge amended the order that case was dismissed with prejudice and that I will not be allowed to file bankruptcy during the next 18 months.
In 5/2002, within 30 days I filed an appeal and attached a separate request that I wanted to have my appeal heard by the District Court. Someone in bankruptcy clerk's office sent it to the same judge against whose decision I was appealing. That judge denied my request for appeal without any hearing. Can I do anything about it? I had also submitted request for extension of time to file notice of appeal.
On June 3, 2002, HOA won a judgment of $100,000 against me. I filed a request for a new trial; Therefore I assume the judgment is not yet final. Hearing is set for July 31, 2002
Assuming that HOA will foreclose, I stopped paying HOA monthly fee since the past two months.
I have following questions:
1. I want to keep my condo at any cost or I will become homeless. What are my options?
2. someone told me that despite the chapter 13 judge's order, I can still file chapter 7. Is it true?
3. Can I countersue HOA for insurance money and request an order for stay of judgment.
4. Assuming HOA has not yet filed a lien, can I sign quit claim deed to my lender with two prior liens. He will let me live in the condo. I will keep on paying him monthly payment instead of paying rent somewhere else.
5. Can my lender foreclose before HOA does? Will he have to give money to HOA? Will HOA maintain its claim as secured against the condo even after my lender forecloses?
6.If HOA forecloses, will it have to first give money to my lender for prior liens or my lender will not get anything.
7. The judge has already allowed foreclosure in her order. Will HOA give me notice of foreclosure? How many days will I have to move out after foreclosure?
8. Sooner or later, I plan to sue HOA for non payment of insurance benefits and pain and sufferungs caused to me due to disrepair of the condo. If I file chapter 7, how will it affect my lawsuit. What will happen if I file the lawsuit before chapter 7, during the chapter 7 process or after chapter 7 discharge.
9. Will it be advisable to start paying HOA fee or I should wait till the foreclosure?
10. My condo has an equity of only $10,000. The total liens are $52,000. If I file chapter 7, the trustee may not sell my condo. Is it true?
11. The two liens were filed after I had already been sued, but I have evidence as cancelled checks. Can the liens be challenged for enforceability.
12. Because of the complexity of this case, I have not been able to find an attorney despite my best efforts. Can someone help me to find an attorney. I can pay reasonable flat fee.
13. Is there anything I can do regarding my chapter 13 appeals case that was sent to the same judge against whose judgment, I was appealing? I spoke several times with the clerk's office, they neither give any explanation nor they do anything about it.
With thanks.
I could not afford to hire legal representation in any of the following cases. I tried to represent myself as much as I could.
In 1998 my Homeowners association (HOA) filed a lawsuit against me.
In Jan 2000, hot water flooding caused a damage of approximately $15,000 in my condo. HOA said that they kept the insurance money to reimburse themselves for legal fees and did not give me money for repairs.
In 7/2000, I filed chapter 13 but withdrew it after 13 days.
In 2/2001, I filed another chapter 13. I could not go to court. I can not reach anywhere before 3:00 P.M. because of disabling condition of Narcolepsy.
I had been suffering from this disabling condition since 1987 and I had been borrowing money for medical expenses.
On 10/4/2001, my lender, an individual, filed a lien of $42,000 as mortgage against equity.
On 3/18/2002, he filed another lien of $10,000 as construction money lien. since HOA had not given me insurance money, I had to borrow for emergency repairs.
The bankruptcy judge dismissed my case without prejudice on 2/11/2002.
Later, in 4/2002, in my absence, on HOA's motion, the judge amended the order that case was dismissed with prejudice and that I will not be allowed to file bankruptcy during the next 18 months.
In 5/2002, within 30 days I filed an appeal and attached a separate request that I wanted to have my appeal heard by the District Court. Someone in bankruptcy clerk's office sent it to the same judge against whose decision I was appealing. That judge denied my request for appeal without any hearing. Can I do anything about it? I had also submitted request for extension of time to file notice of appeal.
On June 3, 2002, HOA won a judgment of $100,000 against me. I filed a request for a new trial; Therefore I assume the judgment is not yet final. Hearing is set for July 31, 2002
Assuming that HOA will foreclose, I stopped paying HOA monthly fee since the past two months.
I have following questions:
1. I want to keep my condo at any cost or I will become homeless. What are my options?
2. someone told me that despite the chapter 13 judge's order, I can still file chapter 7. Is it true?
3. Can I countersue HOA for insurance money and request an order for stay of judgment.
4. Assuming HOA has not yet filed a lien, can I sign quit claim deed to my lender with two prior liens. He will let me live in the condo. I will keep on paying him monthly payment instead of paying rent somewhere else.
5. Can my lender foreclose before HOA does? Will he have to give money to HOA? Will HOA maintain its claim as secured against the condo even after my lender forecloses?
6.If HOA forecloses, will it have to first give money to my lender for prior liens or my lender will not get anything.
7. The judge has already allowed foreclosure in her order. Will HOA give me notice of foreclosure? How many days will I have to move out after foreclosure?
8. Sooner or later, I plan to sue HOA for non payment of insurance benefits and pain and sufferungs caused to me due to disrepair of the condo. If I file chapter 7, how will it affect my lawsuit. What will happen if I file the lawsuit before chapter 7, during the chapter 7 process or after chapter 7 discharge.
9. Will it be advisable to start paying HOA fee or I should wait till the foreclosure?
10. My condo has an equity of only $10,000. The total liens are $52,000. If I file chapter 7, the trustee may not sell my condo. Is it true?
11. The two liens were filed after I had already been sued, but I have evidence as cancelled checks. Can the liens be challenged for enforceability.
12. Because of the complexity of this case, I have not been able to find an attorney despite my best efforts. Can someone help me to find an attorney. I can pay reasonable flat fee.
13. Is there anything I can do regarding my chapter 13 appeals case that was sent to the same judge against whose judgment, I was appealing? I spoke several times with the clerk's office, they neither give any explanation nor they do anything about it.
With thanks.