Surrendered home.

[secondtimer]

I've searched the forums awhile and haven't found any specifics.

Filed one day before sheriff sale. Surrendered home in petition but need to stay awhile. Nowhere to go yet. I'd stay if payments were manageable. 341 next week.

Does the creditor have to file proof of claim even if I'm surrendering the asset?

What if they don't/can't file a POC?

Can I fight the foreclosure outside of BK?

Please be kind freya

[lrprn]

You've asked hypothetical questions and some don't have black and white answers, especially since none of them have happened in your case yet.

Does the creditor have to file proof of claim even if I'm surrendering the asset?

Yes.

What if they don't/can't file a POC?

Won't really matter in your case since you intend to surrender the house when you file.

Can I fight the foreclosure outside of BK?

Not one day before the sheriff's sale.

[secondtimer]

Thanks,
My 341 is next Tuesday.