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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I filed for bankruptcy and have completed the debtors hearing

Customer Question

I filed for bankruptcy and have completed the debtors hearing a few weeks ago, which I had intended on giving my house up as I didn’t have a job and no prospects. Today I received a document from the mortgage company’s law firm “motion of relief from stay”. How do I find out how long I have to find a new place to live?

I have a roommate (partner) now and I have some income from my small business and want to keep my house. I am not sure what to do???
Where do I go from here if I wanted to stay in my house?
Can I save my house even though the trustee has closed my case as a non assets case?
Does my bankruptcy lawyer help with this or is this something I do on my own?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 5 years ago.
Ppiew:

You can still reaffirm the home, but the reaffirmation agreement has to be filed before the discharge is entered.

I suggest contacting your attorney and telling him/her that you want to reaffirm the debt. However, the lender won't normally provide a reaffirmation agreement if the loan is not current, and considering that they filed a Motion for Relief from Stay, I'm guessing payments are not current.

So, you will likely need to get the payments caught up so you can get a reaffirmation agreement from the bank. If your discharge is coming up soon, your attorney can postpone the discharge to give you time. If you can't get it caught up, you can convert to Chapter 13 but your attorney will need to object to the Motion for Relief from Stay, plus it has to be converted before the the discharge is entered.

I have had a lot of clients who decided to keep a house after initially thinking they were going to surrender it, and we always manage to get it worked out one way or another. If you can bring the loan current quickly though, it saves you a lot of money so you don't have to convert to Chapter 13 to catch it up.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. Joseph Ross does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) Joseph Ross. All rights reserved.

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