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what does this mean? please help!

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    what does this mean? please help!

    I recieved a letter in the mail today that is titled "Order on motion for modification of automatic stay and abandonment of property"
    then it goes on to say "the court,having reviewed the motion now APPROVES same and hereby modifies the automatic stay to permit {my credit union} to proceed with the foreclosure of its security interest{my home address} through a foreclosure sale of the real estate,and to repossess and liquidate{my SUV which they already repoed last month} and to apply the proceeds in satisfaction of {my} debt,and it further ORDERED that said real estate is hereby abandoned from the bankruptcy estate.

    what does all that mean? does this mean I will be kicked out of "my" home soon? my 341 meeting is this Friday. I can not get ahold of my attorney..she is not returning my phone calls or responding to my emails...my wife and I are kinda freaking out here as we have not been able to save anything for an apartment...we had saved enough for the first rent and deposit but last week the fuel pump went out in the car we are reaffirming and we had to use that money to repair the vehicle.
    can someone p-lease "dumb down" the letter for me or give me some advice? it would be much appreciated. Thank you all!
    07/31/09 Filed Chapter 7
    09/11/09 341 Meeting{341 complete. that was easy!}
    waiting for discharge

    #2
    Sounds like they have a go ahead to continue foreclosure. That does not necessarily mean the will. You probably want to call them and ask what's up.

    Look up foreclosure laws in your state. Usually you'll have 6 months up to a year or more.
    No Asset 7 closed 11/09

    Comment


      #3
      Originally posted by Chowder View Post
      Sounds like they have a go ahead to continue foreclosure. That does not necessarily mean the will. You probably want to call them and ask what's up.

      Look up foreclosure laws in your state. Usually you'll have 6 months up to a year or more.
      Thank you...I assumed that was the case but the letter to me reads as if they are pushing for this to go quickly which means Id be out on the street.
      do I need to call the CU or their lawyer{the letter came from the CU's attorney}
      I will look up the foreclosure laws for my state..hopefully I can understand what that says lol
      07/31/09 Filed Chapter 7
      09/11/09 341 Meeting{341 complete. that was easy!}
      waiting for discharge

      Comment


        #4
        are you current or late on your mortgage?

        Comment


          #5
          Credit Unions are notoriously weird, so I would make no assumptions.
          I'd speak directly with the CU's BK department, if they have one.

          If you have an Attorney apprise him/her ASAP.
          No Asset 7 closed 11/09

          Comment


            #6
            Forclosure is usually a long process so I would not worry about being kicked out soon. You can delay this process for a very long time - talk to your attorney.
            Filed Ch7 5/28/09 (Pro Se) Orlando, 341 7/01, UST selected case for audit 7/01, Last day for objection 8/31. Audit report filed 9/10, no material misstatements. Discharged and closed 9/22/2009

            Comment


              #7
              Originally posted by TBLTZ View Post
              are you current or late on your mortgage?
              we where current up until the day we filed BK...we are giving up the house in the BK.
              07/31/09 Filed Chapter 7
              09/11/09 341 Meeting{341 complete. that was easy!}
              waiting for discharge

              Comment


                #8
                Originally posted by aljohnson007 View Post
                Forclosure is usually a long process so I would not worry about being kicked out soon. You can delay this process for a very long time - talk to your attorney.
                I have been trying to contact our attorney but they will not return calls or emails..which is REALLY frustrating me to no end!
                07/31/09 Filed Chapter 7
                09/11/09 341 Meeting{341 complete. that was easy!}
                waiting for discharge

                Comment


                  #9
                  I found a summary of my states foreclosure laws.
                  by the looks of it I have at the very least 3 months? but could be 6-12 months? I assume this is from the date the letter I received is dated?
                  I will call tomorrow and see if my CU has a BK department. I have given up hope that my attorney will answer any of my questions. she was extremely helpful up until the day I paid her and signed all the paper work but since then she has ignored us completely.

                  here is my states foreclosure summary.

                  07/31/09 Filed Chapter 7
                  09/11/09 341 Meeting{341 complete. that was easy!}
                  waiting for discharge

                  Comment


                    #10
                    I guess my CU does not have a BK department...I guess i will call customer service tomorrow and see if they have anyone who may be able to answer my questions. its a big CU..youd think they would have some sort of BK department.
                    07/31/09 Filed Chapter 7
                    09/11/09 341 Meeting{341 complete. that was easy!}
                    waiting for discharge

                    Comment


                      #11
                      go figure..no one had any answers for me...and I still couldnt get ahold of my attorney! what the heck did I pay a $1,000 for????? I hired an attorney to make this less stressful and to answer any questions I may have...not to file our paper work and ignore us.
                      07/31/09 Filed Chapter 7
                      09/11/09 341 Meeting{341 complete. that was easy!}
                      waiting for discharge

                      Comment


                        #12
                        I wouldn't worry too much about it. We got one of those when we surrendered our house in the BK and it just means they are going to begin the foreclosure process. The way I get a hold of our lawyer is to call his assistant and make a "telephone appointment". I may have to wait a day or two but having an appointment time assures you that your lawyer will be there to answer your questions. Good luck.

                        Comment


                          #13
                          is that "order on motion" signed by a judge?

                          if not, it could just be an attachment to a motion filed by the CU; the CU wants the judge to sign it. usually they schedule a hearing on the motion and nothing can happen before that hearing. is there a date set for such a hearing? try to read all the documents and maybe check on pacer if a hearing has been scheduled.
                          filed ch7 May 09
                          341 june 09
                          discharged, closed Aug 09

                          Comment


                            #14
                            yes the top is signed by a US bankruptcy judge.
                            07/31/09 Filed Chapter 7
                            09/11/09 341 Meeting{341 complete. that was easy!}
                            waiting for discharge

                            Comment


                              #15
                              well, is there a date when it was signed? your lawyer should have informed you about this when the motion was first filed, which would have been at least a couple of weeks ago, and told you what it would mean. call the lawyer again, talk even to the secretary, get an answer!
                              filed ch7 May 09
                              341 june 09
                              discharged, closed Aug 09

                              Comment

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