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FiveStarLaw
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36494
Experience:  Bankruptcy Lawyer. Experienced.
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first, i am fully aware i should have hired an attorney, but

Customer Question

first, i am fully aware i should have hired an attorney, but my wife passed away and beceause the medical bills were so astronomical i filed chapter 7, and couldnt afford it

in november 2009 i filed chapter 7, the second week of january 2010 the attorney for the mortgage company filed a motion for relief, the judge because of my hardship (i Guess) didnt lift the automatic stay and also objected to it and got it on the docket, havent heard anything since. also, the mortgage company sent me a letter stating to fax hardship letter and new financial info, i did and their doing a modification . heres the problem, 3 weeks ago the attorney for the mortgage company sent me a letter that was put on my door that my condo will be sold at court on feb-10th, 2010 at 9am.

so, i called the local citizen title and they said its still their to be sold? what should i file in court to make sure he doesnt try to sell it still, the automatic stay is still in effect.
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  FiveStarLaw replied 4 years ago.
Hello,

The automatic stay of the bankruptcy court prohibits any action against the debtor outside of the bankruptcy court. Once a bankruptcy has been filed all collection action must cease.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.this
Hello,

Thank you for your question.

Once a bankruptcy is filed, the automatic stay of the bankruptcy court is in effect Bankruptcy Code regarding the automatic stay. 362 (4)k provides for actual and punitive damages for the willful disregard of the automatic stay.

You will need to file a "Suggestion of Bankruptcy" in all pending litigation including the foreclosure.

Here is the form that you will require to do so:
http://ablelegalforms.com/free/suggestbk.pdf

In addition to, but not in lieu of, you can telephone the attorney for the creditor and tell him that you filed bankruptcy. He may request that you fax him the Suggestion of Bankruptcy.

Good luck
FiveStarLaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36494
Experience: Bankruptcy Lawyer. Experienced.
FiveStarLaw and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 4 years ago.

thank you very much, any further questions ill contact you and make payment, i like the fact that your detailed ...

 

martin

Customer: replied 4 years ago.
sir, just one last thing, ive been in bankruptcy since november 2009 and i wasnt sure how long the automatic stay is good for? my creditor meeting isnt till the end of this month,
Expert:  FiveStarLaw replied 4 years ago.
the automatic stay is in effect until the bankruptcy case is closed or the debtor is discharged. Typically about 100 days

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