Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
No - that did not work.
Can you copy and paste the contents of the documents?
I can see the documents. The charge is minimal, so don't worry about it.
There was no relief from the automatic stay granted - because the motion was withdrawn.
1) Is this property rental property or is it the debtor's residence?
2) There is also a bank with a mortgage on this property. Is your mortgage junior to that mortgage?
3) Were you listed as a creditor in the Bankruptcy paperwork?
You are correct - the stay was released on 2/4/11.There are no documents that released the lien on the property, which is anyway not possible for any mortgage for the debtor's residence in a Chapter 7.Additionally, the abandonment notice - which is routine - and the discharge papers have not addressed the lien (which is routine). (When it is possible to remove a lien in any Bankruptcy, it is necessary for the debtor to file a separate "Lien Avoidance" motion while the Bankruptcy is in progress, in order to remove the lien.)
I think this is what you wanted to know. If not, please let me know.Thank you.
1) Yes - abandoning property just means the trustee does not want it, or cannot take it. Abandoning property has no affect on liens.
2) Yes - relief from the automatic stay was granted twice - 1) on 2/4/11 while the Bankruptcy was in progress: and 2) on the date of discharge.
3) Yes - relief from the stay and the abandonment mean you can foreclose the lien as if the Bankruptcy had not been filed. However, as the mortgage was discharged in the Bankruptcy, you cannot attempt to collect the money for the mortgage.
4) There is nothing for you to file with the Bankruptcy court, and there is no need to respond to the abandonment or discharge.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).