Home discharge.

[EdytaHome]

Can anyone explain the process in which your home is discharged in a Chp7 Bk? My laywer said that we can remain in the house for quite some time until we will have to leave without actually paying anything. I can understand being able to stay there for the duration of the bankruptcy, what about after? We most likely won't file until late Jan 05 and I don't want to move in the winter, of course!
Does the Trustee actually sell your home? or does the mortgage company just get it back? December will be the 2nd month we're behind on our mortgage.
Thank you!

[Dawn1970]

Edyta, I sent you 2 emails while ago, in answer to your email

My BK took almost exactly 3 months. My file date was 08/23/04 and my discharge date was 11/29/04 So if you file in January 30th, I would plan to be out of the house that you're surrendering by April 30th. Most mortgage companies don't start foreclosure proceedings until you're at least 3 months behind on the payments (some not even then) and foreclosure itself takes a while so you can probably let it go a bit longer before filing your BK if you want to and then when you file that puts an automatic stay on the foreclosure procedure.