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Motion filed for relief on stay

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    #1

    Motion filed for relief on stay

    our attorney never told us about a motion for relief on the stay, so it was passed.

    We started making morgage payments when our attorney told us to, which was 2 months after the 341...we know now that was wrong !!!

    we never received the letter stating a motion was being entered. so did it goto our attorney at the time and he never told us ???

    We have new attorneys now who have filed to have the stay put back in place. its basically like he bailed on us, didnt tell us what was going on and bailed on representing us which was part of his contract.

    So we now have a hearing in 2 weeks to see if a judge will put the stay back in place and i guess we can repay what we of for back morgage post petition.

    how likely is a judge to do that where we got screwed.. we have the money to pay it back.. i am freaking out here we dont want to loose the home... thoughts !!
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    #2
    Originally posted by tasampson View Post
    we never received the letter stating a motion was being entered. so did it goto our attorney at the time and he never told us ???
    That's sad to hear.

    Originally posted by ONEMOBROKEHO View Post
    So we now have a hearing in 2 weeks to see if a judge will put the stay back in place and i guess we can repay what we of for back morgage post peition.
    This should be interesting. Unless you have paid and are curernt, or your attorney is holding the payments to make it current in escrow... the Judge will award the Stay.

    The granting of the Automatic Stay doesn't mean the end. You can still work with the lender to come current. However, you do need to get current real quick.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

      #3
      screwed over

      my wife and i can make up the payments that are missed, thats not a problem. we were worried that a judge will say naa sorry kid basically.

      So rule of thumb is he would ask if we can make up the payments ?

      Comment

        #4
        Originally posted by tasampson View Post
        So rule of thumb is he would ask if we can make up the payments ?
        No. You had better come prepared to the Hearing with either the payments already made (and the lender's attorney aware of such)... or have a cashier's check for the payments in full to bring it absolutely current (not a day late) and your attorney talks to the lender's attorney before going to the Judge.

        The lender can withdraw the motion at any time. The onus is on you to get it corrected before the Judge needs to hear it.
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

        Comment

          #5
          We have the money, our attorneys are not having us appear this this hearing but the money is ready...

          i just wanted to know will a judge allow you to repay what you owe seeing how we got screwd by a previously attorney who never told us a motion was filed.

          Comment

            #6
            Originally posted by tasampson View Post
            We have the money, our attorneys are not having us appear this this hearing but the money is ready...
            It is common for debtors to not appear at any hearing, unless required to testify. When I say "you need to", it always implies that your attorney -- acting on your behalf -- is doing these things (if you are represented). In your case, your attorney will deal with the hearing.

            Originally posted by tasampson View Post
            i just wanted to know will a judge allow you to repay what you owe seeing how we got screwd by a previously attorney who never told us a motion was filed.
            As I stated, so long as you have the money now, in hand, and your attorney deals with the creditor's attorney before being in front of the Judge... you will be okay.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment

              #7
              well thats good to know i dont know if you have gone thru this situation before but it has been emotionally draining for me.

              i just want to pay what i owe and move on. We have been making all chapter 13 payments in full on time so i just hope the judge is in a good mood that day and well be all set !!

              Comment

                #8
                Originally posted by tasampson View Post
                well thats good to know i dont know if you have gone thru this situation before but it has been emotionally draining for me.

                I just want to pay what i owe and move on. We have been making all chapter 13 payments in full on time so i just hope the judge is in a good mood that day and well be all set !!
                I have been through my share of (2) Motions for Relief from the Automatic Stay, (2) Objections to Confirmation and they were from the same attorney representing my mortgage creditor and my car creditor.

                It was scary, as I'm a pro se filer and had to defend these on my own. I won all but one objection (on a 910-day vehicle).
                Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                Status: (Auto) Discharged and Closed! 5/10
                Visit My BKForum Blog: justbroke's Blog

                Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                Comment

                  #9
                  What ticked me off was that the motion passed and we didn't even know about it

                  The lawyer totally failed.

                  Comment

                    #10
                    although it is true the attorney should have notified you HOWEVER you also SHOULD HAVE received notification from the lender and the court that this motion had been filed.

                    However we have discussed this before. I am sure this time you will be fine. Don't forget again to make your payment. The judge won't be so forgiving next time and you could be on probation or the judge could lift the stay for this lender only. Will be interesting to see what is decided. GL

                    Comment

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