Relief from stay after CH7 discharge?

[DebtStinks]

We had our CH7 discharged in Sept. 09 and our home was included in the BK. Our last payment to BofA was in Feb. 09 and we are still in the house. I know in CA we will have around 3-4 months before the sale date after we get the NOD from BofA.

My question is if BofA is REQUIRED to file for a relief from stay with the BK court before they can file the NOD even though we are already discharged? They did not file for relief while our BK was active. It would just be nice to know if they are required to file for relief... seems like it would be an early warning that a NOD is coming soon.

Thanks!

[biotechsolution]

Once your discharged there is no need for the automatic stay.
In fact your stay disappears when your discharged.

[AngelinaCatHub]

Once your discharged there is no need for the automatic stay.
In fact your stay disappears when your discharged.

Yes but I've seen this happen before where it is done after the discharge. I am not sure but it may be a procedural thing. 'Hub

[biotechsolution]

I can't imagine why a creditor would do this.
If your discharged and closed within a few days of each other like most
cases the creditor would have to 're-open your bankruptcy case to file
the 'relief of stay'.

this would cost the creditor $285.00, plus the 'automatic stay' is only good while your bankruptcy is active. Once your discharged it would then change over to the 'permanant injunction', thus barring creditor from collecting on 'discharged debts'. But this would not apply to 'secured creditors'.

[DebtStinks]

Ya, I've read a couple threads where BofA was doing the relief from stay after the discharge so it just got me thinking. I know the stay is lifted and replaced with the injunction after discharge... I just wasnt' sure if BofA had to file with something to move forward with forclosure with that injunction in place.

It's my understanding that even though the loan was secured the debt was discharged and the stay/injunction applies to that debt. The only thing that survives the bankruptcy is the lien that they have on the secured property. So I guess I just started to wonder if they actually had to file something with the court to move forward with the forclosure.

Thanks for the replies. I guess it just depends on the bank and their procedures.