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VanDLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 833
Experience:  Chapter 7 & 13
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If a Creditor Fails to show up in court for a chapter 7 ...

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If a Creditor Fails to show up in court for a chapter 7 on a home property and the trustee awards the home owner the property because the lender failed to show up for court can the lender file a lawsuite to over rule the trustee after the trustee has awarded the property to the home owners? Also reading a letter the lender thinks it was a chapter 13 instead of a chapter 7 discharge? They were given notice by the home owners lawyer of the chapter 7. Help!
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  VanDLaw replied 8 years ago.

Hello wingmn02,

The lender's attorney's can file a Motion for Rehearing and explain "excusable neglect", it means that they missed the court date but have an "excusable" reason. If they can show there was an error, Chaper 13 versus a Chapter 7, or the date was wrong on their notice, or anything was in error on their notice, they will probably be given a chance to have the hearing again. They can also appeal the Trustees ruling if they don't want to go the rehearing route.

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