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In most cases, it is not necessary for the debtor to show up for a Motion for Relief from the Automatic Stay.
This is because the motion will be granted if the mortgage in default - whether or not the debtor shows up for the motion.
Is this what you wanted to know?
Since they told me that it is not in foreclosure do I need to do anything? How will the court know they said that. What i they said that so I would not respond?
remmeber I am out of town for the hearing date
That was great. Thank you.
First question - Does the foreclosure process start all the way over. Does the 20-day notice of sale start again? Or does the delayed sale date just get rescheduled? What is the timeline to an actual transfer of title.
Second - After the discharge - I have delusions that a discharge of many of my debts will make me a more attractive candidate to encourage the bank to restructure the loans and allow me to keep my property. Does that sound likely or is it more likely that the bank will move as fast as they can to get my property sold?
Are you familiar with the timeline for the foreclosure or can you recommend the type of attorney I could ask?
What type of attorneys deal with foreclosures
If the property does foreclose how will that affect my qualifying under the means test if my income exceeds the threashold
The foreclosure would rid you of the debt and deficiency (since Ca is an anti-deficiency state), so it could reduce your debt to income ratio. What affect it would have depends on your overall income and debts, which I don't know, nor could I do a calculation without a lot of information.
That said, you can do a means test online here: http://www.legalconsumer.com/bankruptcy/means-test/ and try it with and without the debt to see what it tells you.
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