PRQ Homesteading Expanded with Ra-bin and ShaneP
Bankruptcy 341 meeting defending your Homestead while in foreclosure
This episode of PRQ Homesteading Expanded explores the intersection of spiritual sovereignty and legal defense. Hosts Robin and Shane discuss the sanctity of the homestead as a "high-frequency sanctuary" while providing a detailed roadmap for navigating Chapter 13 bankruptcy and defending against predatory foreclosure tactics.
The Homestead as a Spiritual Sanctuary
The homestead is framed not merely as a financial asset, but as a living extension of the individual and a "shared field of light." Robin emphasizes that caring for the land—through gardening, maintenance, and intentional presence—is an act of reverence that aligns the inhabitant with the rhythms of nature and the "New Earth." This spiritual grounding serves as the foundation for the legal sovereignty discussed later in the program.
Legal Defense: The Automatic Stay and "Cash for Keys"
A significant portion of the discussion centers on Robin’s recent personal experience receiving a "Cash for Keys" offer from a realtor while in active Chapter 13 bankruptcy.
The Violation: Robin identifies this offer as a potential violation of the Automatic Stay under 11 U.S.C. § 362. Specifically, she cites sections 362(a)(3) and 362(a)(6), which prohibit acts to obtain possession of estate property or coerce a debtor outside of the court process.
Strategic Response: Rather than reacting with fear, Robin issued a "Cease and Desist" to the realtor and filed a "Notice of Potential Violation of the Automatic Stay" with the U.S. Bankruptcy Court for the Western District of Michigan.
The Goal: Chapter 13 is described as a "truth-finding mechanism" that forces creditors to provide real evidence of standing and documentation, rather than relying on "robo-signed" papers.
Legal Spotlight: 11 U.S.C. § 362 (Automatic Stay)
The moment a bankruptcy petition is filed, a federal injunction is triggered. It halts:
-Foreclosure Sales: Even if the sale is only days away.
-Collection Actions: Harassing calls, letters, or legal threats.
-Possession Attempts: "Cash for Keys" offers made without court permission are often viewed as attempts to bypass federal oversight.
Protection is immediate and applies to lenders, agents, and representatives.
Mastering the 341 Meeting of Creditors
Robin provides a guide for the "341 Meeting," the first major milestone in a bankruptcy filing. She demystifies the process, noting it is typically a 10-minute administrative verification rather than a dramatic courtroom confrontation.
Key advice for pro se (self-represented) filers includes:
-Neutrality: Avoid emotional language or accusations of fraud; stick to legal terms.
-Safe Responses: Use phrases like "accurate to the best of my knowledge" and "filed in good faith."
-Disputed Claims: Explicitly state if a mortgage is "disputed" because the creditor has not demonstrated they are the "real party in interest." 39:55-42:12
-Feasibility: Confirm the repayment plan is feasible based on current income and expenses.
341 Meeting: Preparation Checklist
Identification Legal Name, Address, SSN, and Date of Birth.
Good Faith Confirm petition was filed to resolve claims lawfully.
Documentation Ensure tax returns and debtor certificates are filed.
Creditor Status Reserve rights to challenge "standing" and "consideration."
Key Data & Resources
Email: [email protected].
Sponsor: Nano Oges (nanooges.net); use code prqhome15 for 15% off.
Debtor Education: debtorcc.org (Online certificate course).
To-Do / Next Steps
341 Hearing Attendance: Robin to attend her scheduled 341 meeting on Tuesday.
Legal Consultation: Reach out to a specialized deed lawyer to discuss the "unjust enrichment" claim in federal court.
Document Submission: Ensure all remaining tax documents and checklists are submitted to the trustee's assistant to demonstrate "good faith." 42:13-44:05
Cease and Desist Follow-up: Monitor for any further contact from the realtor after the notice of violation was filed.
Conclusion
The episode concludes with a call for "proximity, humanity, and love made visible." Robin and Shane remind listeners that while they live within systems they did not design, they can navigate them with neutrality and knowledge to protect their homes and their sovereignty.
