Help-questions

[imbroke2]

I'm in Illinois. I'm currently in a ch.13 converting to a 7 as we speak due to the mortgage arrears being dismissed from the 13 (job losses, etc). We are now in a situation to work something out with the lender although they're being difficult to say the least. Anyway, I was looking at paperwork back from when we filed and found the "Complaint to Foreclose" filed March 8th of 2007. I just spoke with the mortgage company this morning and they said our mortgage was just referred to a lawyer. Is the process starting over? How much time do we have to figure out what to do and work something out with the lender if possible? The lawyer said to convert to a 7 which we are doing and then we can re-file for the arrears right after the 7 is done-which we are definitely considering if we can't work something out with the mortgage company, but I want to know if we have enough time.
Thanks to any and all responses.

[imbroke2]

Anyone??

No one has any info to share?

[DebtEnder]

If your still in some form of active BK 7 or 13 or back to 7 or whatever then your good till the discharge is done. After that odds are the foreclosure clock will restart. I think local laws prevail here as far as if the have to reissue a nod, etc etc.

Since your last conversion have they filed a relief of Stay? If not they are held at bay.

[imbroke2]

Yes, they filed a relief of stay while we were in the 13. The lawyer just told me that we were converted to a 7 as of the 1st of this month. So what does that mean for us?

[DebtEnder]

If you have since converted you have a new relief of stay is my understanding. They would have to refile for relief.

Pissing them off I'm sure but it should give you some more breathing room.

Ok here a little case law I found from FL regarding converting cases. http://pacer.flmb.uscourts.gov/pdf-new/61484139.pdf

In short guy had a house, mortgage got relief, debtor did not file what was needed, case was due to be dismissed. Debtor converted, mortgage tried to foreclose court ruled that prior relief did not apply as case II, the conversion, was valid and case I, the originally filed 13, was never dismissed but converted and so they would have to refile for relief.

I think in fact this guy did a 13 to a 7 to a 13 again but in the end they have to refile for relief with each conversion.

[imbroke2]

A relief from stay was already approved from our 13. It seemed the relief in the Florida one wasn't granted under the 1st 13-is that correct? Or did he convert before the relief could have been granted? Since our case it was already granted in the 13, what now?