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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2500
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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If I have a case in District Court regarding wrongful foreclosure

Resolved Question:

If I have a case in District Court regarding wrongful foreclosure and I file bankruptcy to protect the property while the District Court case is being heard, would filing bankruptcy prevent my District Court case from being heard or would it cause a dismissal of my District Court case?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 1 year 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. :

It wouldn't stop that case.

Terry L. :

You would disclose that case in the bankruptcy.

Terry L. :

Has the property been sold?

Terry L. :

You would disclose the pending case in your statement of financial affairs.

Terry L. :

Your bankruptcy case would need to reflect any monetary award you might receive (ie: they won't confirm your case until this case is resolved, or else would require you to turn over those proceeds to the bankruptcy trustee).

Terry L. :

If the house is sold, then there is nothing the bankruptcy case can do to help with the foreclosure.

Terry L. :

You would need to have that foreclosure and sale vacated, then you should file your case.

Terry L. :

it appears that you have stepped away. Let me know if you have any questions, and I'll respond when I am notified of your questions. thanks

Terry L. :

Terry

Customer:

No, I have not stepped away at all. I have an active case that I am managing pro se' for wrongful foreclosure.....commencing to foreclose without having the legal authority to exercise the Power of Sale in Alabama. The property is located in Ala, I want to continue the District Court case. I just want protection from foreclosure while the case is being heard so I am pondering bankruptcy to protect me against a february 14th foreclosure sale while my case is active.

Customer:

Need to know that if I file bankruptcy will it hurt or effect my district court case... please advise on this.

Terry L. :

Your chapter 13 must be filed before the foreclosure sale to stop the sale. If you file after the sale, it would be too late. You should meet with a bankruptcy attorney asap.

Terry L. :

The bankruptcy will not hurt the district court case. You can continue those actions.

Terry L. :

any other questions?

Customer:

I am good. I hear that my automatic stay is only good for 30 days if I have a dismissed chaper 13 from last year around Feb 8th. And then a chapter 7 discharge on Sept 4 of 2012. Please advise and confirm. Thank you.

Terry L. :

if this is your 2nd case in a year, yes, it's good for 30days unless you bring a motion to extend it for the rest of the case with a showing of a good faith filing.

Terry L. :

Note that because you have filed chapter 7, you won't get a discharge in the new chapter 13 case

Terry L. :

any further questions?

Customer:

Wont I get a discharge once I pay off everything off in the chapter 13?

Terry L. :

Because of your chapter 7 in 2012, you are not eligible for chapter 13 discharge. You can do the case, get the protection from the automatic stay, but you won't get a discharge at the end. If you pay off everything 100%, then you really don't need a dishcharge

Terry L. :

any other questions?

Customer:

Awesome... I understand. Just try to get the protection of the chapter 13.

Terry L. :

yep. any other questions?

Terry L. :

If you do, feel free to request me. Thanks for your questions, good luck to you

Customer:

i will thank you! I have already contacted someone to help me with the bankruptcy.

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2500
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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