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Chapter 7 & foreclosure...need help ASAP!

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    Chapter 7 & foreclosure...need help ASAP!

    My parents filed for chapter 7 bankruptcy on 1/31 as a result of a failed business and their home being extremely upside-down. They filed ( in Utah) on 1/31 to prevent their home from being auctioned in February. Their 341 meeting is Wednesday but the bank is now asking the court to lift the stay. Their attorney told them that there was no use appealing it or doing anything because they have no case. But from what we could find (on the internet), it seems like a way of slowing things down. The bankruptcy attorney said that the foreclosure process will start all over but I do not thing that is the case, and the fact that he is saying that makes me lose a little faith in his judgement.

    I'm so frustrated that we can't seem to figure out what the timeline is for them needing to move out. They are devastated to lose their home, they'd hoped to retire there and now there life is a mess. Any info about if they should file anything (the court has given them until Monday), the amount of time they have, if things start over etc. would be greatly appreciated!

    #2
    We are in same situation, We filed to delay our forclosure. We plan on moving on or shortly after our auction date. We have not had them request the stay lifted yet. You could seek a attorney to delay, but that cost money 1500 here in Florida. It will eventually go to auction and the deed will be changed out of your parents name. Then they will have to move. I would suggest going online and see if you can follow your case online. We get notices but usually 2 weeks later after being online. Our county lists them under clerk of circuit court , civil records. It should say when the name is taken off the deed. They may send you a letter after the sale telling you to move.
    chpt 7 ,5-2009

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