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John A. Flynn, Esq.
John A. Flynn, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 189
Experience:  14 Years Experience in Bankruptcy - Mid-South Super Lawyer
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Today I received a noticed from the United States Bankruptcy Court stating that the auto-

Customer Question

matic stay imposed be TERMINATEDand to allow Movant and complete foreclosure proceeding and to allow the successful purchaser yo obtain possession of the same.

Does this mean I will be immediately evicted, and what if any recourse do I have.

Thank-you,
Dolores
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  John A. Flynn, Esq. replied 6 years ago.
Give me your district and case number XXXXX I will tell you what it means.


Customer: replied 6 years ago.
Eastern District and my Case # XXXXX #08-10231\SSM
Expert:  John A. Flynn, Esq. replied 6 years ago.

Hi Dolores;

 

I reviewed your docket on the ECF system, and it appears that the mortgage holder filed a Motion for Relief from Stay some time ago and a trial was finally held on September 3rd. On September 9th an Order Granting Relief from Stay as to property at 5400 Quinn Lane was issued. Because the order failed to mention that the Rule 4001 10 day stay of the order was waived, the creditor must wait until 9/19/08 before filing (or continuing) any foreclosure action. What should be of more immediate concern to you is that the Court has scheduled a show cause hearing for 9/16 (Tuesday) for you to show cause why the Court should not dismiss your case, and possibly deny you a discharge in a future case, for failing to show up at any of the scheduled 341a meetings of creditors. If you wish to pursue bankruptcy relief, which I can only imagine is the case if you filed bankruptcy, you need to attend the 341a meeting when scheduled. It appears to me that your attorney(s) may not be capably representing you. If you wish to avoid having your home foreclosed, I would advise you to contact an attorney in Virginia who is knowledgeable about foreclosure defense. I normally advise people to contact the National Association of Consumer Bankruptcy Attorneys http://www.nacba.org/, but in this case, not all bankruptcy attorneys are well versed in the emerging area of foreclosure defense due to the rampant fraud in the mortgage industry the past 7 or eight years. because of this, I am going to refer you to a network of attorneys who should have a referral in Virginia for you, http://www.ncblc.com/ the website of the National Consumer Bankruptcy Litigation Center. There are probably things you can do to save your house, but you won't until you talk to a lawyer in your area. Most such attorneys will offer a brief free initial consultation to determine if they can help you or not. Good luck and I hope this helps.

 

 

John Flynn

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John A. Flynn, Esq.
John A. Flynn, Esq.
Attorney/Owner
74 Satisfied Customers
14 Years Experience in Bankruptcy - Mid-South Super Lawyer