Legal Question in Bankruptcy in Virginia

trying to avoid losing my house

I have filed a chapter 7 bankruptcy in April of 04. I have my discharge papers dating August 04. The trustee is saying I have equity in my home which I probably do, but there are problems with the house ex. needs new well. I jointly own it with my boyfriend who filed chapter 7 in december 03 and the trustee has closed his case. The trustte is trying to make us sell the home. We have 2 dependents and have lived thre for 5 years. Did my lawyer file something wrong or is this something new because this was not done with my boyfriend in december. Is there any way for me to keep my house without paying thousands of dollars or being force to sell the house. Also can the trustee make my boyfriend sell his part of the house. We are not married and we filed together, but as seperate cases. Did my lawyer mess this up or is there anything that can be done Thank you.


Asked on 9/15/04, 2:32 pm

1 Answer from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: trying to avoid losing my house

There is a lot of missing information here. Did you have joint creditors? Are the mortgage payments late? Who is your trustee? How much equity? Did you use your entire homestead exemption? Because you are not married you are not able to use the most common exemption for equity in real estate (tenants by the entirety) and likely you will lose your house. I would suggest you contact your attorney and ask him the questions you have posted here. Otherwise feel free to contact our firm - Dan Grubb 703-777-7319. Good luck.

Read more
Answered on 9/15/04, 3:08 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Virginia