I live in Texas. I filed a bankruptcy November 10th. I have not notified the bank that has posted my home for foreclosure Dec 1. I can not stop the foreclosure because the home is in the name of an LLC that I am a member of. My question: I know that the bank will have to ask the court to lift the stay to evict me. When is the best time to notify the bank that I have filed. My 341 is December 18.
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Why does the bank need to ask permission from the Bankruptcy court to evict you?
I'm assuming you lease the property from the LLC. Did you list that lease in your petition? Did you assume the lease? A lease is deemed rejected if you take no action before the 60 days pass.
What is your intent? You may be lucky and they don't actually hold the sale (keep postponing it) for months.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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Originally posted by zach View Postwouldn't the automatic stay be in effect?
To be "safe" the Bank may ask for relief from the automatic stay, but don't count on that.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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