Hi, thanks for your question. You should hire a lawyer for specific legal advice. No attorney client relationship is created here..
IF this is his first bankruptcy, he should send the notice of filing he received to the lender's attorney
He can fax it with a note to stop the foreclosure.
The debtor gets automatic protection, and the attorneys will know to stop the foreclosure.
He can also call to give them the case # XXXXX they may want him to fax it over though too.
The TRO you are referring to is called the Automatic stay protection, which goes into effect the moment the case is filed.
Thank you for your advice. He is filing a TRO today--could you please help me with the proceedures and references.
As I stated, he doesn't need a true TRO.
The bankruptcy notice will suffice as his notice of filing.
As an attorney, once I file, All I do is fax the bankruptcy notice to the lender's attorney to stop the foreclosure action.
Is this the first case?
Yesterday, in a court appearance, the judge told my friend to file a TRO. Since my friend does not have an attorney, he needs help understanding the proceedures and gettting the right references to do a TRO.
Was this in state court?
Your friend should go to the court clerk help desk for help in filing the TRO then. Attach a copy of the bankruptcy filing notice to the TRO
The court clerk will be familiar with that, and can assist them in filling it out.
Do you have any more bankruptcy questions?
Any other questions?
are you there?
I am still seeking answers for the question that I originally asked about the proceedures and citiations for filing a TRO in BK court. Clerks in our court do not give legal advice nor write several page documents with the appropriate references.
Ok, I am a bit confused.
You are filing a TRO in bankruptcy court?
Or in state court foreclosure?
In BK court
The bankruptcy judge told your friend to file one?
Let's back up. Let me ask a few questions first.
1. Is this your friend's first bankruptcy case?
no many years ago in the early 1990s he declared BK
what motion was filed in bankruptcy court?
Generally, the filing automatically stops the foreclosure, if there has not been a sheriffs sale at the time of filing.
so question 2. Which judge (bankruptcy or foreclosure court) told your friend to file a TRO
I will change this to Q&A. Feel free to answer when you can, i will reply once I am alerted to a post.
The judge was in BK court. I heard the judge recommend that I friend file a TRO in BK court. I have been asking justanswer to provide the proceedures and references for this.
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