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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2565
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed a chapter 13 in August of 2011 and another one on August

Customer Question

I filed a chapter 13 in August of 2011 and another one on August 4, 2012. The day my property was sold at auction.
I had faxed and called both the trustee and mortgage before the sale, and advised them of the bankruptcy. They sold the property.
I am within the 180 days of filing a BK, and I have complied with this currant Bankruptcy in every way. The US court says that my Bankruptcy is good. The mortgage company will not reverse the sale.
What kind of attorney would help me with this case. I do not have an attorney in the bankruptcy, but do not know if one would be able to help me get the sale reversed.
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 2 years ago.

Terry L. :

Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.

Terry L. :

Did the sale occur after or before August 4? Did you bring a motion to extend the automatic stay beyond 30 days, since this was the 2nd case pending within the year?

If the stay was in effect, and you filed the bankruptcy case before the sale, then you need to bring a motion in the bankruptcy case to enforce the automatic stay, forcing the lender to undue the sale as improper due to the bankruptcy automatic stay.

You should hire a bankruptcy attorney for that matter.

Terry L. :

Let me know if you have any questions. thanks

Customer :

yes. The sale was an hour and a half after the bk was filed on August 4. No, I did not bring a motion to extend the automatic stay.

Should the motion to extend have been filed before the second filing? Is it too late?

Terry L. :

Your motion to extend must be granted within 30 days of the case, otherwise the automatic stay falls, and you no longer have protection from your creditors.

So, even if the sale was bad, the lender can pick up where they left off and foreclose and sell legally. So, your motion would buy you some time to work something out with your lender as to a loan mod. That would be your only shot here. Even if the case was dismissed, you would have to file the motion to impose the stay in the 3rd case...you don't get any protection until the court grants it upon motion, and the lender will likely object, for you need to show a positive change in circumstances for the next case.

Terry L. :

You should talk with a bankruptcy attorney. I know it's hard to accept, but maybe it's best to convert to chapter 7, let the house go and go get another one in a couple of years.

Terry L. :

Let me know if you have any questions. Thanks

Terry L. :

Did you have any followup questions?

Terry L. :

Let me know if you have any followups. Please rate 3 or higher for service for me to get credit for answering. thanks

Customer :

since the property was in the middle of a loan modification, and I filed a chapter 13, is a wrongful foreclosure suit in order?

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