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TJ, Esq.
TJ, Esq., Attorney
Category: Bankruptcy Law
Satisfied Customers: 11878
Experience:  JD, MBA
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thank you for your previous answer to my questions. have a

Resolved Question:

thank you for your previous answer to my questions. have a couple more. as stated before, my bankruptcy discharge date was set for december 1, 2008. i was originally going to reaffirm home and car but have decided not to. have not made last two mortgage payments (nov & dec) and have not made last car payment (dec). 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?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  TJ, Esq. replied 8 years ago.

Hello and thank you for allowing me the opportunity to assist you.

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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DISCLAIMER: Please understand that the complexities of most legal problems cannot be adequately addressed in this setting, and that I am only licensed to practice law in the state of Maryland. Accordingly, you acknowledge (1) that we have not formed an attorney-client relationship, and (2) that my post is general information only and not specific legal advice.

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