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Kirk, he has not made a payment in close to 5 years.can he

Resolved Question:

Kirk,
he has not made a payment in close to 5 years.can he stay in the home till 7 completion? he has not listed me as a creditor or litigation or all creditors.He uses his old attorney on 7 papers even though that attorney does not represent him anymore.Should his civil attorney advise him to disclose me as creditor and litigation. If he has not what should I do next
Pat
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - thanks for the question.

Whether or not he can stay throughout the chapter 7 depends on whether the creditor allows it. USUALLY, a creditor will file a motion for relief from the automatic stay shortly after the bankruptcy is filed and will proceed with the foreclosure pretty quickly. Thus, if this occurs, the person should not be allowed to remain there for the duration of the bankruptcy.

As for not being listed as a creditor, you can file a PROOF OF CLAIM on your own/with the help of an attorney to perfect your claim against him. Here's the form: http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Current/B_010.pdf
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 27249
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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