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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 30897
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed a Chaper 7 in Louisiana myself after moving from Indiana.

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I filed a Chaper 7 in Louisiana myself after moving from Indiana. I have already had the creditors meeting and no one came. Trustee ststaed case would proceed as a no assest case with a discharge date of June 14. I had a house in Indiana that the foreclosure process had started. Today I got a letter from the lender requestiing a Motion to left the automatic stay. One seaction stated this.

Mover futher prays:

1. that the 14 day stay be lifted
2. that an order remain in effect regardless of conversion to another chapter.
3. that the right to file amended unsecured claim for any deficieny is reserved.

i am concerned about number 3, because there is no equaility in the house. I owe 75,000 listed in my filing and they say its only worh 60,000 so does this mean that after my case is dismissed they can sue me for the rest of the money.
Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney. Thanks for your question.

The deficiency amount after foreclosure would be considered an unsecured debt and it would be discharged through your bankruptcy as such - - so I'm not sure why the lender wants to file an unsecured proof of claim when your case is a "no asset" case.

However, it should really make no difference because the debt will be discharged.
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