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    Motion

    after no activity on Pacer since the 341 today i see that a motion has been filed
    Motion for Relief from Stay
    it is from the mortgage note holder

    I guess they will want to give us the boot even quicker then I thought
    especially since our pending discharge is in just 2 weeks (crossing fingers)
    why would they pay their attorney and the fee to file the motion with the discharge coming up the stay would have been lifted anyway ... right?

    QUESTION:

    Is our pending discharge pushed back because of this motion?
    The hearing is scheduled 11days after our Discharge is planned......

    60day club on hold?

    #2
    Originally posted by fyi2 View Post
    why would they pay their attorney and the fee to file the motion with the discharge coming up the stay would have been lifted anyway ... right?
    Nope. The creditor must petition the court to lift the stay. It's the only way the creditor can legally start repossession or foreclosure actions.

    Is our pending discharge pushed back because of this motion?
    This shouldn't push your discharge date. Lifting the stay so creditors can take back surrendered assets is very routine - the bk court deals with these all the time.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

    Comment


      #3
      I see..
      Thank You

      Comment


        #4
        really? i thought once the case is closed, the stay automatically terminates and they can proceed with foreclosure.
        filed ch7 May 09
        341 june 09
        discharged, closed Aug 09

        Comment

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