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Fritz
Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience:  Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
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wisc: i filed a chapter 13 @ 10:30 . the sherrifs sale was

Resolved Question:

wisc: i filed a chapter 13 @ 10:30 .
the sherrifs sale was conducted at 10:10. we don't know what time it
was recorded. is the sale stayed?
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Fritz replied 2 years ago.

Fritz :

Hi, I'd like to help you with your bankruptcy questions this afternoon.

Fritz :

The EXACT time that you filed your bankruptcy case will be determinative as to whether or not the sheriff's sale is valid.

Fritz :

If you filed at 10:30 A.M., and the property was sold at sheriff's sale at 10:10 A.M., the sale is likely to be upheld as valid.


 

Fritz :

However, had you filed your bankruptcy PRIOR to the sheriff's sale, say at 10:00 A.M., then the sale would not have been valid.

Fritz :

You can log onto Pacer and find out the exact time your case was filed. Please let me know if you need help doing this, and I'll be happy to give you more specific instructions. Thanks.

Customer: replied 2 years ago.


the plaintiff sttorney says they will not have the confirmation hearing.


what is my options to save the home.


Freddie Mac had approved the modification, and acepted my payment.


just had not instructed the attorney to stop.

Expert:  Fritz replied 2 years ago.

After conducting further research, you may be in luck even if the sheriff's sale was held prior to the time you filed your bankruptcy.

 

 

There is some caselaw saying that under Wisconsin law, a borrower may generally redeem the property until a foreclosure sale is confirmed.

 

See, for instance, In re Schultz, 363 BR 902 - Bankr. Court, ED Wisconsin 2007, here:

http://scholar.google.com/scholar_case?case=39236544171296954&q=in+re+wescott&hl=en&as_sdt=2,10

 

 

You should discuss the matter with a local attorney (or your bankruptcy attorney, if you have one) as soon as possible, as the lender will likely file a Motion for Relief from the Automatic Stay in order to complete the sale despite your bankruptcy filing.

 

 

In order to save your home, the short answer is that you will need to pay your mortgage and arrears through your Chapter 13 Plan. The more complicated issues involve the amount of the arrears and monthly mortgage payment, and whether the mortgage modification you signed is enforceable against the lender. These aren't questions I can answer for you in this forum - you will need a local attorney to help you with this.

Fritz, Attorney
Category: Bankruptcy Law
Satisfied Customers: 302
Experience: Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases
Fritz and 4 other Bankruptcy Law Specialists are ready to help you

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Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases