• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Questions after very dramatic pro se filing of 7!

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

thebee7777

Junior Member
What is the name of your state?Ohio
Back again to plumb the depths of wisdom and knowledge. I filed chapter 7 myself on 6/20/03.....the same day as the Sheriff's foreclosure sale. It was stamped with the date and time 0936am. When I hand delivered it to the sheriff's sale, due to commence at 1000am, I was sent to a large media room in the courthouse. The room was filled with about 200 bidders, fanning themselves with their paddles and the auctioneer was clearing her throat as she stepped up to the podium to start the sale. I briskly walked to the front and handed the prepared copy to the recorder and she withdrew my house from the sale. Talk about cutting it close!
Contrary to what I believed, that I had to notify all the creditors in the matrix, the court did it for me. I only have to serve notice on any schedule F Addendum, which I do have to file because in my rush I forgot a creditor or two.
Post filing questions: 1. The mortgage company filed for a relief of stay to continue the foreclosure. Their reason, if I understand it correctly, is that in May my Homeowners insurance was cancelled D/T condition of the property. I have no money to find a company to provide another policy. Is there anyway to fight this? I talked to a Lawyer at the PPL, which I've come to understand is a service for newbie lawyers to build their practices from. He said that the mortgage co has a 100% chance of being granted the relief of stay and instead of starting the forclosure process all over again they'll be able to schedule another foreclosure sale immediately. Is this true? I'm in a panic, I have nowhere to go and no income yet.
2. I have been a cosigner on this mortgage from the beginning-20 years and the electric bill has been with the same company for the same amt. of time. I was on the original electric bill, but somehow along the way, I guess for simplicity's sake, it is only in my soon to be x-husband's name. After I filed, I had to leave town for a week, and the electric co. threw a ladder over my six-foot fence and shut off my electricity! I came home and it had been off for 2 days, I lost all my food, have only $115.00/mo disability assistance and food stamps. It was a Saturday morning and the highest up at the electric company refused to turn me back on when I told her of the bankruptcy. She said that the acct wasn't in my name, and they hadn't recieved notice anyway. She instructed me to fax the front page of the bankruptcy, the page where they were listed, proof that my husband was in jail, which I did. They stalled me untill Tuesday afternoon, saying their legal dept. was determining what to do. I sat on the phone with them all of Sat., Monday & Tuesday when at 4PM on Tuesday they said they would close the original acct. and open one in my name only for a $237.00 deposit. I feel taken advantage of because they know I filed pro se. I also thought that any creditor that I payed within 90 days of filing would just have the money taken away by the court. Please advise and comfort.
Deb 'thebee7777'
PS: I know this was long, HomeGuru, but I need your help and Ladynred's
 


Ladynred

Senior Member
How very chivalrous of you HG :D

It IS possible that the Trustee will go after that $237 deposit with the electric company, but since you need the service and its very little money I would be surprised if the Trustee actually goes to the trouble to recover it.

I'll have to defer on the foreclosure question. What are your intentions on the house, were you going to reaffirm or let it go ? I'm also unsure about whether or not the mortgage company can just go and reschedule another sale right away. Have to check the statutes and see what dictates the process.

I also don't know what to tell you about the homeowners insurance. How did they find out about the condition of it anyway ? Perhaps someone else here knows of a resource, but w/o money for a premium payment, I don't know what you'd do.


Sorry :(
 

thebee7777

Junior Member
Ohio: I put 'Surrender the Real Property' on the Intentions page, but I thought I'd have a few months until the BK was discharged and the Stay was vacated. I also thought they had to start the process back at the beginning which would buy me some time, too. I filed for disability, but that could take months to be approved, if it is. Thank you for your quick response. Do you or Sir Walter Raleigh have any suggestions on where I could look for the information? I suppose that they viewed the property when they did a drive-by to appraise it for the foreclosure sale. It was when much of the "junk" my wonderful husband had brought home, was stacked under the trees by the driveway. Paint is peeling on the trim and I'm severely acrophobic. Landscaping is beautiful, though.
About the Electric Company, it seems hinky to me that whenever the STBX couldn't pay the bill and disconnection was imminent, his bill was my responsibility, and they wouldn't close it and grant me service in my own name, stating that "you lived there, you enjoyed the benefits." She was quite nasty about it, too. But the minute the cards are in my favor, all of a sudden they can grant me service....****'s!!
By the way, LNR, STBX got 21 months in the State Penitentiary......Woo Hoo! Free at last, Free at last!
Could you please direct me to a site where I can download schedule "F" pages directly to MS Works word processor? For free would be ideal.
Thanks, Deb
PS: That site that provides the ZIINET Bankruptcy Engine evidently got in trouble with the Law again........It's nowhere to be found.:D :D
 

Ladynred

Senior Member
Bee,
I have all the BK forms in Word format. I think I can save it down to MS Works compatible format and email it to you. Email me and I'll send it to you ;)

I can take a look at the OH statutes and see if there's anything there on the forclosure process. OH statutes are a pain in the butt to plow thru but if there's anything there I'll let you know.
 

thebee7777

Junior Member
Ohio- You're not just a whistlin' Dixie, that the Ohio statutes are a pain in the butt! Ohio is one of the states with the lower state exemptions, which you're required to use rather than the Federal which are quite a bit more generous. Plus, there has got to be a trick to all this legalese, just when I think I've got a handle on something, I'm directed in 10 different directions to see too many contingencies. Seems to be a self-perpetuating encrypted language to ensure that Lawyers are always going to be needed.
Thanks for all your help so far.........I'll figure out how to email you so you can send the Docs.
Warmly, Deb
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top