Help what recourse do I have.

[abacus]

In May we filed our chapt 7 papers. we had our 341 meeting in July. We chose to let our house go but reaffirm our car.

Today We received a letter from our mortgage company saying we owe them for all payments from May till September plus other fees. We deceided to look on Pacer to see what was going on because the letter was in leagalize. There we find out that there was a motion for a relief from the mortgage lender. Neither my wife nor I was aware of this meeting and our lawyer did not inform us of it.

We went looking through the last corrospondence from them and found a notice of the meeting that stated either our lawyer or us needed to attend. When we go the letter we did not understand it and figured our lawyer would tell us what we needed to do. Since we and our lawyer failed to attend the motion it was granted. I also found that our car is scheduled to be abondoned There was no other information in the system on this.

so it looks like we have really messed up. Is there anything we can do to fix this (or attempt to) or are we just stuck with having to pay the fees on the house and them forclosing on it and losing the car.

[crackerbear]

Don't worry about the house. You are not responsible for any fees to them. Do not pay them anything. As for the car, as long as you are current on the payments, they cannot take the car.

[ohiomomtofour]

The motion for relief of stay hearing was one your mortgage company requested, and unless you were going to try to keep the house, you didn't need to attend. BK law states that creditors cannot take any action against you during the open BK (i.e., cannot garnish your accounts, wages, etc - cannot seize any assets, etc). The fact that you filed places a "stay" on all collection action. What they were asking the court was to allow them relief from that stay - in other words, proceed with taking the house from you. Unless there is ALSO a similar request initiated by the car lender, you have nothing to worry about there. Your mortgage company was really just asking the judge to not make them wait until the BK was discharged/closed before they took their asset.

Melissa