(Please Look at Form 6 and See If I Can Use It for Ca for My Homestead Property That Has

(Please Look at Form 6 and See If I Can Use It for Ca for My Homestead Property That Has

(please look at form 6 and see if i can use it for ca for my homestead property that has the unrecorded unperfected mtg that was never assigned to current creditor and it encumbers homestead. except do i have to do a value motion as well? or can i use my zillow printout from when i filed?)

The judge asked what value i put for the property on my schedules. I told him what they claimed was owed because I thought that was what I was supposed to put, their claim (according to the schedule rules). He said he understood I put it was disputed from the beginning but what value did i put. I told him, but what they are saying is more than double what I really owe.

He said I put that value under penalty of perjury. In my Pro se non-law knowing mind, I thought I was supposed to put what the value of their alleged claim, what they told me on the phone I owe and in their NOD.

My bk is discharged but the case is open still. Can I amend Schedule F again since I put the wrong values, believing I was supposed to put what they said I owed? Yes, I put under penalty of perjury what I thought I was supposed to put. I was wrong and ignorant. Is it too late since the debts have been discharged to revalue the amount I put on their debt and others?

I put higher amounts to be safe on debts I was not sure of and could not get ahold of the creditor. the judge said straight up, "the trustee does not want your properties, he does not want to sell them, he does not think there is any money in them and he does not want any of your disputes and the judge said that the judge does not have jurisdiction for my dispute in his court. He said straight up, "you are free to bring your dispute up in state court if you don't think their lien is valid. He said it is not his job to decide, his job is that they presented the deed of trust and that is it.

He said "their debt is discharged, I am aware they were on Schedule F, but the liability, if their lien is valid is not and I am not saying their lien is valid or not, I am only saying I saw a recorded deed of trust. the Trustee doesn't want it so you are free to dispute it in state court if they decide to foreclose. You got what you wanted, your debts are discharged and now you are free to go prove their lien invalid and if you can prove it is robosigned, or not valid then that is good for you, but this is not the place and I am not the person to decide, your debts have been discharged. The trustee said he does not want to sell your properties or any of your claims."

He said, "don't you think the Trustee would have taken them if he thought there was money in them?" I told him the Trustee said it is too much work. the judge said, "that is probably true." so now if you want to fight them on it, go ahead. But your debts have been discharged and your case is only open because I decided to grant your motion, but I dismissed it because there is no stay in effect anymore so I don't know what we are doing here, but I chose to grant your motion to reconsider anyway."

So...i think he was being nice and knowing that I wouldn't have been able to proceed had i not disputed the contested matter first in bk court. With that being said, is he really going to think I am crazy amending schedules when the debts have been discharged? and to add the claims when he said that he spoke to the trustee and the trustee does not want my houses or claims. I guess my question is, can I amend the amounts and be more specific with the claims even though I received the discharge of debts a month ago?

I know since the case is still open, I can file Motions, etc. and I want to do an avoidance of the wholly unsecured non purchase money mortgage that is not perfected. I will see if I can upload the sample forms. it is sample form #6, do you have one for CA? this is for a different state. I want to use it for my homestead property, not the property I just went to court on. though, I can still do an Adversary Proceeding I think as you are saying on the non-exempt property, but I thought he said only the Trustee could do that. I can do the mouthful adv. proceeding but if i do it in bk court then the trustee might take it, whereas if I wait for my case to be closed, like he said, I am free to dispute the validity of their lien in state court. So after all my repetition here, I am thinking I don't need to say anymore on my Schedule B (but I'd rather be safe than sorry, you please be the judge once again on which way to proceed, as I believe time is of essence here. Once again, the judge said he spoke with the Trustee and he doesn't want my properties.

Switching gears to the homestead property now, I think it would be easier to fight form #6 that I uploaded above, in bk court, except for the fact that it will prolong my case being closed, but from what he said, which is exactly what he said above, he said I'm free to dispute the validity of their lien in state court so I think I can also fight the validity of this lien in state court because it too was on schedule F but now they have sent me a letter telling me what I owe by the beginning of October. I sent them a letter last week cert return reciept telling them their debt is discharged and they do not have proof of a valid security interest...but I know they are capable too of making whatever documents they need to pull it off.

. Why would he have said all that if I needed to put more on my Schedule B? The court records the whole thing so what he said above is recorded, and therefore it seems to be a green light for state court with me putting these debts as disputed from the get go. buti don't dare go against what you are saying (being the expert, and what other experts have said as well, as to being more specific on Sch B). I'm going to write the claims down now, and drive down there to file it right when they open, if I don't fall back asleep. and then i'll come home and sleep knowing it's done. I just think if I do the adv Pro fighting the extent and validity of their claim in bk court then there is a greater poss. of Trustee nabbing it. I think i'm going to fall asleep, so I will file it all tommorrow unless I wake up in time. By the way, can you provide a link to a 7 day motion for the judicial lien avoidance I need to refile for the medical judgment lien? (keep in mind, this is a summary of the 3 diff avoidances I filed bk for, not the measly discharge I recieved, as I would ahve made more money than that if I stayed in school between financial aid and student loans...and then getting back to work.