Need a critic

[menlie]

What is the name of your state? Texas
Ex-husband filed cpt 13, we owned house together
I filed proof of claim to protect my 1/2 equity
house sold, judge ok'd sale of home
Ex-husband's atty wanted proceeds after sale to go to trustee & ex-husband
I objected, judge said proceeds would be held in escrow acct. & for me to
file a motion with his court to claim proceeds.
Ex-husband had to use part of my proceeds in order for house to close.

How do I file a motion? I have no funds to hire an atty. Legal Aid said they lack staff to help me. Here's my questions:

Who do I send copies of my motion to - just the trustee and x's atty?
Does it cost $ to file a motion?
Can I ask for interest on my equity used by x to close transaction?
Who determines the monthly payment on a claim?
When I type the motion, do i put his name as debtor & my name as creditor
on the first page?
Can I federal express the motion? I live 4 hours away from court.
Can I ask for an expedited hearing as I am in desperate need of my funds?
If I file for an expedited hearing, do I have to appear in court when the
judge determines yes or no to speed things up?

All comments, suggestions welcome and greatly appreciated. Thank you.

 

[skirklan]

half a house

You need a real estate attorney. Usually there's one who will work first and expect payment from the proceeds. Don't do this yourself or you may leave a lot of money on the table. Call your friend the real estate agent and ask her who she recommends; they use an attorney every time they sell a house.

 

[menlie]

Texas. Thank you so much.

 

[Ladynred]

A REAL ESTATE attorney to file a motion in a BANKRUPTCY PROCEEDING ?? Somehow I think finding a BANKRUPTCY attorney who KNOWS the BK codes, the Trustee's and the judges would be a far, far better choice !!

 

[menlie]

Texas. Thank you. I agree. I kinda learned that when I called my divorce
atty and told him I didn't know how to file a motion. He told me he was not licensed in bankruptcy law. So that told me he was not up to date or able to handle a bankruptcy matter. I'm still nonetheless broke and can't afford an atty. I'm going to have to just do the best I can.

 

[Ladynred]

Ok, I can't tell you how to write the specific motion that you need, but I CAN direct you to LOTS of templates for motions and such specifically for bankruptcy proceedings. They will at least give you a guideline for how a motion is written and its content. If it calls for a name of an attorney, use your own name followed by 'pro se', that means you're doing it yourself and the court will know and *should* cut you a little slack.

http://lawyerassistant.com/freeforms/

 

[menlie]

Texas. What can I say...you're great. I appreciate your help! It's because of you that I filed a proof of claim in order to "protect" my equity. I can't thank you enough for your guidance. My x got everything in the divorce (he had a better atty.) and this 1/2 equity is the only thing I have from our 26 year marriage - and I don't want him to have it. I just want this over with so I can start my life over.