I will be filing on September 5th...

[SinkingFast]

OK,.......... I guess it is local custom. The Court "wants" foreclosure filings in advance but there's nothing illegal to prevent someone from filing at the last minute.

Title 11, Section 109, h. Here's where the 5 day thing comes in:

http://www.doney.net/bkcode/11usc0109.htmhttp://www.neb.uscourts.gov/pdf/0680...foreclosure%22

I guess our Court here is erring on the side of caution by asking Practitioners to file petitions to stop a Foreclosure in advance of the scheduled Sale day.

[aa06a47]

Yes, that does clarify things a bit. What the court is saying is that if all your ducks are in a row, then you can file, if not, using a forclosure as the emergency to file without the pre-bk counseling is a no-no. We all know in most states, forclosures don't just happen, it is a long and drawn out process. I can see why the courts wouldn't use it as an excuse to not file.

Face it, the pre-bk counseling is a joke in most cases. While I feel I might have learned something from it in a way, it didn't change the need for me to file bk. Congress needs to eliminate that stupid certificate, IMO

[Interlaw]

I notice that you cut my sig. Unfortunately, I cannot (and will not) post without them, as they meet with the requirements of the new law and my malpractice carrier. Please let me know if they will be included in future posts.

Brett

[Interlaw]

OK,.......... I guess it is local custom. The Court "wants" foreclosure filings in advance but there's nothing illegal to prevent someone from filing at the last minute.

Title 11, Section 109, h. Here's where the 5 day thing comes in:

http://www.doney.net/bkcode/11usc0109.htmhttp://www.neb.uscourts.gov/pdf/0680...foreclosure%22

I guess our Court here is erring on the side of caution by asking Practitioners to file petitions to stop a Foreclosure in advance of the scheduled Sale day.

You are misreading the section.

The 5-day period *only* applies where there is a waiver of the pre-filing credit counseling requirement. Where the credit counseling is obtained (and I had one client complete the counseling and file a "thin" petition within an 90 minutes of first contacting me) you can file immediately.

[Interlaw]

You are misreading the section.

The 5-day period *only* applies where there is a waiver of the pre-filing credit counseling requirement. Where the credit counseling is obtained (and I had one client complete the counseling and file a "thin" petition within an 90 minutes of first contacting me) you can file immediately.

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

Justice consists not in being neutral between right and wrong, but in finding out the right and upholding it, wherever found, against the wrong. —Theodore Roosevelt

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[Interlaw]

I know in our Court here, Minny, the Court is abiding by the "No Emergency Petitions to prevent Foreclosure" under the New Law.

Our paralegal was telling me about having to rush to put a petition together and file for a couple to save their home from the Sheriff's sale. The paralegal said they had to file the petition no later than a week prior to the scheduled sale. If the Court has less time than that, you're SOL about your house here.

The paralegal also commented that before the Law changed, they could file a petition the day before or the morning of the Sale and stop a Foreclosure. Not now.

Such a restriction would be in violation of the law and unenforceable. You can file immediately before a scheduled foreclosure sale to stop it. I filed a case literally 3 minutes before a sale under the new law, without problem.

Maryland, DC and Federal bars
Member, National Association of Consumer Bankruptcy Attorneys

************************************************** ***************
The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** ***************

[HRx]

We cannot include your sig at this point. Therefore, it's understandable if you wish to not continue posting here. You can private message me if you wish to further discuss our policy.

Regards,

~HRx

I notice that you cut my sig. Unfortunately, I cannot (and will not) post without them, as they meet with the requirements of the new law and my malpractice carrier. Please let me know if they will be included in future posts.

Brett

[lrprn]

Face it, the pre-bk counseling is a joke in most cases. While I feel I might have learned something from it in a way, it didn't change the need for me to file bk. Congress needs to eliminate that stupid certificate, IMO

A milestone....your 1000th post, aa! Wow! You've helped so many people with many of those 1000 posts....thank you for your generous and helpful spirit!

And I agree with you 100% - the whole pre-filing certificate is a joke. We have the stupid requirement as a payoff to big bank and credit card campaign contributions - the bill's writers included it as a thinly veiled way to slow down filing by increasing the cost and make last-minute filing to forstall foreclosures more challenging. Several congressional groups tried to get it out, but the majority leaders rammed it through.

Luckily the newest suggested revisions to the bk forms include an extensive new section on the required pre-filing education that appears to allow judges a 15-day leeway about the certificate being in hand - see http://www.cob.uscourts.gov/misc/revisedforms8-06.pdf . Nothing official yet....not until October anyway. Fingers are crossed that some small piece of sanity will return to the bk process and it won't be so punitive to those who often need bk protection the most...the very poor.

[aa06a47]

A milestone....your 1000th post, aa! Wow! You've helped so many people with many of those 1000 posts....thank you for your generous and helpful spirit!

Wow, 1000 post, and I didn't know anybody was counting !! LOL!!! Thanks for the kind words.

[Interlaw]

We cannot include your sig at this point. Therefore, it's understandable if you wish to not continue posting here. You can private message me if you wish to further discuss our policy.

Regards,

~HRx

Sorry, then. I now understand why you don't have any attorneys posting. Bye.

Brett

[HRx]

Sorry, then. I now understand why you don't have any attorneys posting. Bye.
Brett

lol FAREWELL!!! this forum has been a great success being driven by laypersons! Attorneys aren't going to deliver free legal services! Hence, that's why you want to ramp up clients by including an Ad sig. We'll be fine without your services.

Bye!

~HRx

[lizzyb]

Uncalled For

I've been reading posts on here for several months now, having found this board on the recommendation of posters on another bankruptcy board that Mr. Weiss frequents. I have no ties to Brett, only that he has been a wonderful source of FREE information to many of us. Given the number of national interviews I've seen and read with him, I certainly doubt that he's using his time here to add to his client base. He has spent countless hours not only posting replies to the many, many questions specifically directed to him, but also PM'ing when necessary. I was actually glad to see him here!

[bezoar]

I agree. I've been reading Brett for a couple of years now. Lots of good information/clarification.

[aa06a47]

I would love to see Interlaw able to post (with or without his signature). His post were not advertisements in my opinion.

[Minnymouth]

LizzyB,
As a VERY NEW member for the forum, you and other new members need to read the Forum Rules and Regulations, that distinctly say "no advertising". This is a public forum - free - open to the pulblic to post..... It is not for "free" advertising purposes for attorneys, mortgage companies etc.

IF THEY HAVE ACQUIRED PREVIOUS PERMISSION from the owners to advertise on this site in exchange for their knowledge, then often they are allowed to add their business signatures.

I am aware of the knowledge that Brett Weiss could and would offer this forum, but even him too, has to follow the correct channels no matter what his "status in life"...

We do not change forum rules and regulations to "accommodate" members.

Our forum is made up of mostly laymen, that have been thru the bankruptcy process and/or are still dealing with the issue.

Ours is not so much legal issues (because we don't give legal advice - we not liscensed)... We offer suggestions, ideas, support, emotionally and mentally, and help guide folks who are strugglling thru the bankruptcy process...

Our members obtain their "legal advice" from their attroneys - AS LAWS VARY FROM STATE TO STATE.....

Mr. Weiss or anyone else has the right to come to our forum and participate if they so wish as a MEMBER OF OUR FORUM...... but they too must abide by the forum rules.