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Ask Andrea Ray Your Own Question
Andrea Ray
Andrea Ray, Attorney
Category: Bankruptcy Law
Satisfied Customers: 82
Experience:  Over 5 years experience in consumer and commercial bankruptcy law, Chapters 7 13 and 11
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my sister is in a ch.13 at the moment and my brother-in-law

Customer Question

my sister is in a ch.13 at the moment and my brother-in-law was not making his house payments so the mortgage com. ask fro a lift of the stay and that was granted. So how do they get out of this 13 and file another to save there house before it is sold and how long once the stay is liftef do they have before it can be sold
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Andrea Ray replied 8 years ago.
Filing another Chapter 13 will not automatically put another stay on the property. This was one of the changes to the bankruptcy law in 2005. If you filed a previous Chapter 7, 11 or 13 within one year of filing the new case, the automatic stay will only be able to protect you for 30 calendar days UNLESS you file a "motion to extend automatic stay" and the court grants it within that 30 day period.

In order for the court to grant the motion to extend the stay, you have to show a change in circumstances. That is, what is different this time that will make you have a successful plan. Examples would be higher pay, cutting household budget, auto-deduct for the mortgage and plan payments, surrendering other secured property so that you have less to pay for, etc.

The mortgage company can begin foreclosure proceedings 10 days after the order terminating stay is entered. How long it would take to sell the house depends on whether the lender began the process prior to the bankruptcy being filed and whether the state in which your sister is in uses judicial or non-judicial foreclosure. Judicial foreclosure usually takes longer.