Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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There was no relief from the automatic stay granted - because the motion was withdrawn.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.