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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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In Virginia, if you file for chp 13 bankruptcy on the day your

Resolved Question:

In Virginia, if you file for chp 13 bankruptcy on the day your house is to be sold at auction does that cancel the sale?
Submitted: 11 months ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 11 months ago.

WALLSTREETESQ :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on

WALLSTREETESQ :

if the case number XXXXX issued prior to the sale, and the sheriff was notified it will stop the sale,

WALLSTREETESQ :

all actions to the home must stop once a bankruptcy was filed,

WALLSTREETESQ :

However, you need to make sure the parties involved in the sale are notified of the bankruptcy case number,

WALLSTREETESQ :

If they sold the house after you filed bankruptcy,

WALLSTREETESQ :

you can file a motion to reverse the sale as well.

Customer:

I'm not sure if I can see all of your answer. If the sale is at 820a and I am not able to get a case number XXXXX until 130p, is there anything I can do?

WALLSTREETESQ :

the court should issue you a number once the case is filed,

WALLSTREETESQ :

you may need an attorney to file it online, they may get it faster.

WALLSTREETESQ :

If the sale is 8:20am, you may want to go to the sale, and advise them you have filed bankruptcy,

WALLSTREETESQ :

and a case number XXXXX be issued, they may stop it, but without evidence of a bankruptcy they may still let it go through.

Customer:

If the sale goes through is it final or will the bankruptcy null it once the case number XXXXX XXXXX?

WALLSTREETESQ :

The automatic stay starts as soon as you file your bankruptcy paperwork at the courthouse, so you have to somehow show them you did this,

WALLSTREETESQ :

if they do not stop the sale,

WALLSTREETESQ :

you would have to file a motion to reverse the sale in bankruptcy court, and it is possible the bankruptcy court will reverse the sale, but it is not a gaurantee,

WALLSTREETESQ :

guarntee

Customer:

can you refer me to an online lawyer that might be able to do this early in the am before the sale?

WALLSTREETESQ :

It cannot be done by an online attorney, it has to be done by a local bankruptcy attorney,

WALLSTREETESQ :

You can go to the link above and try to contact them to see if they will file the case for you in the morning.

WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15695
Experience: 14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
WALLSTREETESQ and other Bankruptcy Law Specialists are ready to help you
Expert:  WALLSTREETESQ replied 11 months ago.
You would need a local attorney to file this for you in the morning, it cannot be done with a lawyer online.
Expert:  WALLSTREETESQ replied 11 months ago.
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