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Will filing stop the sale of my house?

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    #1

    Will filing stop the sale of my house?

    Well, we haven't paid our mortgage in 9 months and were basically just trying to time our BK filing. We just got notice that our home is being auctioned on October 7th...Will filing stop this?? Also, if we say we aren't planning to keep the house, does the stay still stay in effect until the whole BK process is over (90 days) and then resume where it left off??? Does anyone know exactly what happens??? We are in Florida.
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    #2
    Originally posted by yorkin View Post
    Well, we haven't paid our mortgage in 9 months and were basically just trying to time our BK filing. We just got notice that our home is being auctioned on October 7th...Will filing stop this?? Also, if we say we aren't planning to keep the house, does the stay still stay in effect until the whole BK process is over (90 days) and then resume where it left off??? Does anyone know exactly what happens??? We are in Florida.
    Yes, the filing will stop it, but a Chapter 7 won't save your home. The stay lasts the duration of the BK and until the discharge.

    Be careful of foreclosure law in some States allow a lender to continue the foreclosure -- upon entry of Discharge or Di missal -- without any additional notice of sale!. I'm unsure for Florida's statutes on judicial foreclosure (I live here too).

    That would mean that the sale could commence almost immediately after the Stay if lifted (either by request or Discharge/Dismissal).

    Your mortgage would list as Included In Bankruptcy (IIB).
    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.

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      #3
      ok, perfect, now my next question:

      Since part of the reason we haven't filed yet is the cost, we owe our attorney $2550, is there a way to at least get the BK filed in the court and pay that fee and get it started and then figure out how to get our attorney paid??? Or if we are using an attorney, have to have him completely paid and he does the filing part? Do they give you the date of your 301 meeting at the time you file or some time after??? I'm sure my attorney needs all that time to gather everything he needs for the meeting so I'm sure we can't really wait any length of time, We just need a little time to gather the funds. Thanks anyone who can help!!!

      Comment

        #4
        Originally posted by yorkin View Post
        Since part of the reason we haven't filed yet is the cost, we owe our attorney $2550, is there a way to at least get the BK filed in the court and pay that fee and get it started and then figure out how to get our attorney paid??? Or if we are using an attorney, have to have him completely paid and he does the filing part? Do they give you the date of your 301 meeting at the time you file or some time after??? I'm sure my attorney needs all that time to gather everything he needs for the meeting so I'm sure we can't really wait any length of time, We just need a little time to gather the funds. Thanks anyone who can help!!!
        If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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          #5
          Well, you also can file pro se. That means on your own. Then, you have to make your attorney a creditor. Would you really benefit by that? Only my opinion, as there is not legal aid here, but, make some sort of arrangement with him even of you have him make a reaffirmation of debt for you. His family needs to eat too. ‘Hub
          If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

          Comment

            #6
            We have every intention of paying our attorney...we're just in a time crunch...13 days...We have no desire to do it pro se, and aren't trying to upset him...we like him and want to pay him, just aren't sure where we're getting the $$$ before the 7th...we'll get it though, we always seem to find it somewhere

            Comment

              #7
              Originally posted by yorkin View Post
              We have every intention of paying our attorney...we're just in a time crunch...13 days...We have no desire to do it pro se, and aren't trying to upset him...we like him and want to pay him, just aren't sure where we're getting the $$$ before the 7th...we'll get it though, we always seem to find it somewhere
              If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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