Legal Question in Bankruptcy in Virginia

I failed to file a homestead deed within 5 days

O.K. I admit it. I made a HUGE mistake going Pro Se. I failed to realize that Virginia has arcane homestead deed rules. I went to my 341 on 07/22. On 08/17, my trustee has filed an objection to my homestead exemption of $5k, due to the fact I did not file a deed within 5 days of the 341. What are my remedies? Do I convert to a Chapter 13? Is this the ONLY way out of this nightmare? Surely, there is an easier way out. I want to keep the Chapter 7 in play. Will the trustee cut a deal with me and allow me to make payments on the $5K, or can he place a judicial lien on the property? I don't want to lose my house over this. And do you thinl he is he going to go for an appraisal and dig deeper?...HELP!

Asked on 8/22/05, 11:32 pm

1 Answer from Attorneys

John Sawyer Sawyer & Azarcon, P.C.

Re: I failed to file a homestead deed within 5 days

You need to consult a local bankruptcy attorney ASAP, period. He/she will tell you waht needs to be done.

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Answered on 8/23/05, 9:26 am

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