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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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We filed chapter 7 and are planning to let our house go through

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We filed chapter 7 and are planning to let our house go through the bankruptcy and forclose. We received a notice of non evidentary hearing that our mortgage company sought for relief from stay on the property to forclose. We are pro se, if we do not object to relinquishing of the property are their any negative legal consequesnces? Do we have to attend the hearing or is there a way that we allow the forclosure to proceed without the hearing?

Hello,


Thank you for your question. I am happy to assist you.

When a person files a bankruptcy an automatic stay goes into effect. An automatic stay is a legal term meaning that no action can be taken against the debtor or the debtor's property without the bankruptcy court's approval.


Therefore, the lender is asking for the bankruptcy court's permission to proceed with the foreclosure action or in legal terms, it is asking for relief from the automatic stay. If you do not object, there is no need to attend.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


Thank you,
FLAandNYLAWYER


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE


Ellen and other Bankruptcy Law Specialists are ready to help you
Customer: replied 8 years ago.

Is it a good idea to notify the court and judge that we do not object?

You can but it is not necessary.