I file chapter 11,while i was in chapter 11,the bank still foreclose on my house,That was the reason why i file chapter 11 to stop the foreclosure.Is ther anything that i can do about that.
State/Country relating to question: Maine
did you file chapter 11 or 13?
Yes i file chapter 11
Chapter 11 is normally for a business reorganization or for people that need to reorganize their debts and are extremely wealthy. Check you paper work again and see if it says Title 11 or Chapter 11. They are not the same. All bankruptcies are filed under Title 11. But there is a difference between a chapter 11 and 13. Also, did you have a repayment plan approved by the court?
I file chapter 13,I had a payment plan aprove by the courts.
Was the house included in the plan and if so, did you fall behind on the plan?
I call the court to find out what was going on with my case and the clerk told me that i should get my lawyer,because the bank still went through with the foreclouser.That was the reason why chapter 13 was file.
If your chapter 13 was done properly and you kept up with your payment plan obligations, the bank could not foreclose on the home without first getting permission from the bankruptcy court for which you would have gotten notice in the form of a motion to lift the automatic stay.
Otherwise, the only thing I can think of is that the chapter 13 was done improperly or the bank has foreclosed in error for which they can be held liable.
Please click "ACCEPT" so that I may obtain credit for providing this answer. We can continue our conversation after that at no additional charge. Thank you.
what can i do.If the bank is liable,what happens.
You need to find a BK lawyer or call the bank or review the bankruptcy file to first find out why the foreclosure took place. Only then will you know what your options are. Try www.lawyers.com
Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).