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.
Optional Information: State/Country relating to question: Maine Already Tried: nothing
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
Experience: Bankruptcy Law With An Accounting Degree - 13 + years as civil lawyer