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? ? court date for auto stay to be lifted

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    ? ? court date for auto stay to be lifted

    Hello
    We filed Ch 7 on 12/04/09 and had our 341 meeting 2/02/10 so any day now we should be discharged. the other day we got a court paper from our mortgage company with court date hearing to life auto stay to be lifted.
    Do we attend this meeting also or does our lawyer attend it? IS this normal ?we were hoping to keep home, but hubby was laid off and we have been on a forebearance plan with mortgage company so our payments dropped in half and we are current on the forebearnace plan but not on orginal loan payment.
    should we be scared?
    Going to call lawyer about this, this morning hoping she'll all us back
    Thank you for any insight

    #2
    This is normal. You do not have to go to the hearing. However, if you're planning to keep the property, you should speak to your attorney and to your lender. They usually don't file for relief if they aren't interested in foreclosing. It seems moot anyhow, since you should be discharged shortly.

    I would make sure you are actually in compliance with your forbearance. You may want to also look at modification as a way to get current.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      Thanks for the reply our lawyer said she'll be at the meeting and we don't have to go.
      As for forebearance plan there was nothing written up as they told us they never have one written to be signed. We were to make forebearance payment every month for $450 vs $889. April was our last payment on the plan. Tried getting loan mod. was told in house we have surplus income because they don't factor in living expense (what!) and the obama loan mod we don't make enough because they don't can't unemployment as income (what!)
      if we could get loan mod for around $650 we would be okay if they forgave forebearance difference.

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