Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
Yes, you would need to bring a motion to modify the stay to continue with a foreclosure action and eviction.
The bankruptcy discharges the debt owed to you, but you can take these possessory actions once the stay is modified. If there was equity in the property, the trustee could sell the property, pay off the liens, and use the proceeds to pay the debtors creditors. As a lienholder, you would be paid your claim.
if there is no equity, the trustee won't bother with it, and you can foreclose to recoup what you can.
Thanks for your question, good luck.
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