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socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 37822
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
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I filed for bankruptcy a month before I was told, I would need

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I filed for bankruptcy a month before I was told, I would need my foot amputated due to Gangrene. It had to be done immediately so that it didn't spread through the bone which would be life threatening. While in surgery, I contracted MRSA, a very potent and anti-biotic resistant staff infection. In fact the operating room is one of only a few places where you can catch it. This led to a total of three visits to the operating room. Six weeks in the hospital and months of convalescing. During my hospitalization, XXXXX  the holder of the second mortgage fast tracked the paperwork through the Court to remove my house from the protection of the Bankruptcy Court. Instead of granting an extension due to my illness. Art Tirman and his lawyer had my house removed from the protection of the Bankruptcy Court. Can it successfully be brought back under the bankruptcy court's protection even thought the lender of the second has foreclosed and bought the house for $10,000. It has been about 5 weeks since I lost protection and I am still in the convalescing home.
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 6 years ago.

If you can show that you did not have notice of the creditor's actions, or that your physicial condition was such that you could not have possibly taken any action to object to the motion for relief from stay, then it is possible that the bankruptcy court could set aside its original order lifting the stay, and void the foreclosure.


However, you would also have to show that lift of stay was not inevitable, because you could have paid off the 2nd lien before foreclosure.


Hope this helps.


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