RE: Motion For Relief From The Automatic Stay

[mdasperling]

I had my 341 last week and today in the mail I received from Citimortgage a motion for relief from the automatic stay. We are current on our payments and filed ch.7, however Citi is claiming that we are not. Are they seeking this relief of stay to start foreclosing on us? Should I call my bk lawyer tomorrow. The letter we received states that we have a hearing on 11-22-2010. Do we need to attend this hearing?

[tcreegan]

Hi mdasperling,

Usually filing for relief of stay means they are clearing the way to recover their collateral; ie start foreclosure.
You don't need to attend the hearing unless you and your lawyer are going to contest the motion somehow.

The key issue seems to be: We are current on our payments and filed ch.7, however Citi is claiming that we are not
Have you kept current during the BK process? ie: made payments on schedule even after you filed

If you have made all payments including after filing, you can ask your lawyer if 11 U.S.C. §541(c) applies.

Can we assume, hopefully, that you did not reaffirm with Citi?

Tom in Colo

[mdasperling]

yes, we have kept current on our payments before and after filing bk. I did not reaffirm my mortgage. Thanks for responding Tom. Also is it normal for a bank to provide a copy of the original note with the Motion for relief of stay. Citi sent me a copy of the original note.