Do I have to have all of my paperwork together before a petition can be filed? I am trying to save my house that is in foreclosure. Sale date is 9/11. I have most of my paperwork together. Just waiting on a couple of things in the mail.
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Yes its best to have everything when you go and file, it will make things go so much faster and smoother and it will be such a relief when you sign the papers. Good luck.5/17/2006 Filed Chapter 13
6/14/2006 341 meeting
7/10/2006 Plan Confirmed
9/12/2007 DISCHARGED,10/15/2007 CLOSED -
Your lawyer can file a partial petition to stop the foreclosure and then have 15 days to file the rest. However you have six weeks to the sale - that should be enough time to file a complete petition and stop the sale.Originally posted by truckerswife View Post
If you are filing pro se, then call the bankruptcy court's clerk to find out which forms are required to file at the start and which can be filed within 15 days later. All the forms must be filed within those 15 days or your case will be dismissed - something to avoid at all costs. If you can wait, it is best to file the complete petition.I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.
06/01/06 - Filed Ch 13
06/28/06 - 341 Meeting
07/18/06 - Confirmation Hearing - not confirmed, 3 objections
10/05/06 - Hearing to resolve 2 trustee objections
01/24/07 - Judge dismisses mortgage company objection
09/27/07 - Confirmed at last!
06/10/11 - Trustee confirms all payments made
08/10/11 - DISCHARGED !
10/02/11 - CASE CLOSED
Countdown: 60 months paid, 0 months to goComment
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The skeleton paperwork Lrprn is referring to is called an "Emergency Petition". When you call the Clerk's office, ask which forms need to be filed in an Emergency Petition to get your case started.
That way, if it happens to take a while for your docs to come in the mail, you can at least get started if need be prior to the Sale date.Filed Ch 7 - 09/06
Discharged - 12/2006
Officially Declared No Asset - 03/2007
Closed - 04/2007
I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.
Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...Comment
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Thank you all sooooooooooooo much. You have made me feel alot less stressed. I am very grateful for this site.
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