Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here.
It wouldn't stop that case.
You would disclose that case in the bankruptcy.
Has the property been sold?
You would disclose the pending case in your statement of financial affairs.
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).
If the house is sold, then there is nothing the bankruptcy case can do to help with the foreclosure.
You would need to have that foreclosure and sale vacated, then you should file your case.
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
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.
Need to know that if I file bankruptcy will it hurt or effect my district court case... please advise on this.
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.
The bankruptcy will not hurt the district court case. You can continue those actions.
any other questions?
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.
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.
Note that because you have filed chapter 7, you won't get a discharge in the new chapter 13 case
any further questions?
Wont I get a discharge once I pay off everything off in the chapter 13?
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
Awesome... I understand. Just try to get the protection of the chapter 13.
yep. any other questions?
If you do, feel free to request me. Thanks for your questions, good luck to you
i will thank you! I have already contacted someone to help me with the bankruptcy.
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