Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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Question: “how does this affect case since originally stated want to reaffirm? who would i contact to find out how long have have till out of my home and car? will i be notified with enough time to move?”
Answer: You need to make sure that your car loan and mortgage are included in the bankruptcy so that they are discharged. Therefore, if they are not already included, you will want to amend your filings. With regard to the time for foreclosure and repossession, that becomes a matter of state law once the creditor gets a motion to lift the automatic stay granted. In other words, the creditor cannot do anything until the stay is lifted. Since you’re not reaffirming the debt, the creditor will probably file the motion immediately, and it will not take long for the judge to grant it (maybe just a few days). However, once the stay is lifted, the creditor will have to proceed according to state law. The foreclosure process will take months, so you’ll have plenty of time to find a new place. The car repo may come as soon as the stay is lifted. You may even want to schedule the repo so that you’re not taken by surprise and left stranded somewhere. That will be the easiest thing for all parties.
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