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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2815
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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we had filed chp 13 apparently s few days after a sheriiff

Customer Question

we had filed chp 13 apparently s few days after a sheriiff sale. our chap 13 dismissed non payment of fees. we did know about the dismissal until recently. bank filed a motion to evict that apparently was granted with no notice of hearing to us. do we have any remedy
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 5 years ago.
Hi and thank you for your question. In the future, you can request me to answer any further questions.

Unfortunately not with a bankruptcy case. The chapter 13 must be filed BEFORE the sale date to stop the foreclosure.

Your best bet to keep the home is to work out a deal with the purchaser (or bank) as they may let you do so since there are a glut of empty foreclosures on the market. They may either re-sign a mortgage contract including all the costs incurred to foreclose, or they may rent it back to you, perhaps with an option to buy.

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