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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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This situation is quite unique so please forgive me if some

Resolved Question:

This situation is quite unique so please forgive me if some facts are not usual in a bankruptcy case. In October 2008 I filed a Chapter 7 bankruptcy and was discharged in February 2009. During this time a bank. without telling the court, filed an assignment of mortgage. I have filed a Chapter 13 this month to stop the foreclosure of the party who filed the assignment during the Chapter 7. 



My questions are as follows: 

1. Is it illegal to transfer a mortgage during a bankruptcy without alerting the court? 


2. If so, does this void the transfer 

3. Can you reopen the Chapter 7 bankrupty to file a motion saying that the bank with the invalid transfer violated the discharge order (Since the property was discharged to another bank) 

4. Will reopening the 7 conflict with the current 13? Thank you for your time.


Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.

WALLSTREETESQ :

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

WALLSTREETESQ :

Was the mortgage listed in your 2008 bankruptcy?

Customer:

Yes.

WALLSTREETESQ :

1. The mortgage should not have been transfered as their was an automatic stay.

Customer:

Exactly.

WALLSTREETESQ :

2. It may void the transfer, but not certain

WALLSTREETESQ :

3. You need not reopen the chapter 7 but litigate the matter in your chapter 13 case,

Customer:

Under what guise would you attack it? That the creditor violated the automatic stay of the 7 with the false transfer?

Customer:

So would an adversary proceeding be in order?

Customer:

I appreciate your responses, I really do.

WALLSTREETESQ :

You would argue the current lien on the property is invalid, and was placed without your permission and in violation of the original chapter 7 automatic stay.

Customer:

That's what I thought.

Customer:

Thank you for your time!

WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you