Hello, I am new to this forum.
I had an active (11/1/07) bk13 that I realized I could not fullfill the plan so converted to BK7 in January 08. Originally I requested payments for the filing fee and this was allowed.
I made all the payments (I thought) but apparently missed the "3rd installment" (their label, not mine) but it turned out the 3rd installment was a fourth payment and I missed it.
The court sent me a letter on 2/29, which I recieved on 3/12. I had gone to the court to file an ammended list of creditors on 3/7 and that is when I found out that my Bk7 had been dissmissed.
On 3/12/08 at 9:25am I filed a new bk7 in the court.
On 3/12/08 at 11:00am a title company held a foreclosure sale for my home.
Did they violate the automatic stay? Was this sale "bad"?
so...
11/1/07 filed bk13
01/15/08 converted to bk7
03/07/08 visted court clerk to file ammendment was informed of dismissal as of 2/29/08
03/12/08 8:00 received notice (dated 2/29/08) of dismissal in mail
03/12/08 9:25 am filed new complete bk7 at court
03/12/08 Title company held foreclosure sale on home, no bidders reverted to lender.
I have spoken to an atorney, he says my automatic stay may be in question for this second filing due to a possible requirement to notice the lender after the new filing.
I am in the Northern District of California
I had an active (11/1/07) bk13 that I realized I could not fullfill the plan so converted to BK7 in January 08. Originally I requested payments for the filing fee and this was allowed.
I made all the payments (I thought) but apparently missed the "3rd installment" (their label, not mine) but it turned out the 3rd installment was a fourth payment and I missed it.
The court sent me a letter on 2/29, which I recieved on 3/12. I had gone to the court to file an ammended list of creditors on 3/7 and that is when I found out that my Bk7 had been dissmissed.
On 3/12/08 at 9:25am I filed a new bk7 in the court.
On 3/12/08 at 11:00am a title company held a foreclosure sale for my home.
Did they violate the automatic stay? Was this sale "bad"?
so...
11/1/07 filed bk13
01/15/08 converted to bk7
03/07/08 visted court clerk to file ammendment was informed of dismissal as of 2/29/08
03/12/08 8:00 received notice (dated 2/29/08) of dismissal in mail
03/12/08 9:25 am filed new complete bk7 at court
03/12/08 Title company held foreclosure sale on home, no bidders reverted to lender.
I have spoken to an atorney, he says my automatic stay may be in question for this second filing due to a possible requirement to notice the lender after the new filing.
I am in the Northern District of California