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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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It was suggested and advised by my trustee and an attorney

Resolved Question:

It was suggested and advised by my trustee and an attorney on here to list a 1% interest in a $500,000 property that I never owned or even heard of....somehow this party got this house that's in forclosure on my bk case and sent a letter to the Oklahoma city court to be listed and also relieved from stay which was granted because I didn't answer in time. A court deputy said to ignore it because I never signed anything. I want to list it to be safe and am diong this pro se. Do I have to list it as I have my house which is also in forclosure but I want to reaffirm the mortage. Should I list in schedule A & D or just one or the other. A is real property and the other is creditors holding secure house is in both. Also I have been advised to ad a note that I'm objecting to and disputing the claim. Does this sound right? How should I list it?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.


the property should have been listed in scheduale A, however the lien holder should be listed as a secured creditor, if they have a secured interest on the property that should given them notice. Also,you will need to oppose their motion to lift the stay and you can argue the merits of the lien their. You will file an amended schedule for this.

Customer: replied 6 years ago.
Can I oppose the motion for stay after it has been lifted? I didn't answer in time. Also this loan has been passed around to several different creditors. It's a bit confusing. Should I put the home owners names on there?
Expert:  WALLSTREETESQ replied 6 years ago.
yes, list the homeowners, and the plaintiffs in the motion to lift the stay, as they are the creditors,. You can still try to file a motion to overturn the the court order to lift the stay, at this point it is tricky but can be done. Consider even having the case dismissed and refiling it, if it has not been discharged it can be done.
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