Bronx, NY asked in Bankruptcy for New York

Q: A chpt.7 referee awarded me homestead exemtion after a referee deed was filed on the property. But before the sale of my

Home a tender of payment was given to the bank but they sold the property anyway and violated a Supreme court order to stay the sale. The trustee in chp. 7 told me she received my tender of payment and granted the ny homestead exemption. But she has not brought an adverse claim against the people who put this referee deed on the property. But they are trying to remove an automatic stay for over 5 months now so they can evict me. The Judge already told the otherside shes concern about the referee deed, like a warning to them. Should the trustee put in an adversary complaint even though she awared me ny homestead exemption base on my original deed?

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3 Lawyer Answers

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Possibly, although you should have your lawyer file s motion for contempt, return of property and attorney fees for violation of the stay.

Jonathan David Warner agrees with this answer

Michael David Siegel

Answered
  • Bankruptcy Lawyer
  • New York, NY
  • Licensed in New York

A: This is a complicated legal issue but if you have an attorney you need to make a motion. The court is not going to just help you.

Jonathan David Warner agrees with this answer

Jonathan David Warner

Answered
  • Bankruptcy Lawyer
  • Albany, NY
  • Licensed in New York

A: You - not the Trustee - should be taking the lead on this one. My assumption is that you do not have an attorney at this time, given your reliance upon the Trustee to remedy your situation.

Do yourself a favor... hire an attorney who knows exactly how to fix the situation. It will probably cost some money - but, then again, it's worth it if your house is at stake.

Good luck with your case!

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