Legal Question in Bankruptcy in Florida

I filed Chapter 7 bankruptcy in Florida last month. I went for my 341 meeting last week and the trustee/attorney said that the rental money I receive from a property I have in VA belongs to her and that all rental money goes to her as well. I am unemployed and if I were to do that the mortgage company would take the house from me. I owe more on the house than I could get for it, so my attorney assured me that I could reaffirm it and once the discharge is complete I could keep it. I am up-to-date on the mortgage. Can the trustee take my rent money when I am using it to pay the mortgage? And what if I pay the mortgage and don't pay the trustee, what happens?


Asked on 10/07/09, 3:20 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Why aren't you asking your attorney these questions?

If you fail to pay the trustee, your discharge could be (and probably will be) denied. In other words, your bankruptcy will "fail" and your debts won't be "erased."

By the way, you needn't, and probably shouldn't, wait to reaffirm the house until you receive your discharge. Speak with your attorney about reaffirming now and follow his or her advice.

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Answered on 10/07/09, 3:28 pm


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