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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17222
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I have a question regarding filing an extension of time after

Customer Question

I have a question regarding filing an extension of time after i filed a emergency bankruptcy.
Bescuase of the rush to stop a foreclosure i will not be able to gather ALL of paperwork in 14 days so I am requesting an extension of time 45 days I believe. Is this a guarantee? I live in California..
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 3 years ago.

WALLSTREETESQ :

It is not a guarantee however, in most cases if this is a first time request it will be approved,

WALLSTREETESQ :

also even if not, and the trustee files a motion to dismiss, that will enable you more time to complete the paperwork,

WALLSTREETESQ :

the motion to dismiss will be issued and you will have 30 more days to cure the missing forms,

WALLSTREETESQ :

and you can file a motion to oppose the dismissal by claiming you filed the paperwork

Customer :

ok then....

Customer :

will this be enough to show the bank that i am still in the process of filing a bankruptcy? to keep the forclosure from happening?

WALLSTREETESQ :

yes,

WALLSTREETESQ :

the bank cannot do anything to you,

WALLSTREETESQ :

or stop the modification or sell the house, until the case is dismissed which will take several months,

Customer :

awesome!! so basically to file an extension should i do it now? i'm only a week into my emergency petition...or should i wait until the 14 days are up? can i file the extension myself? really several months??

WALLSTREETESQ :

I would file it now and ask for a 30 day extension,

WALLSTREETESQ :

you can file it yourself,

Customer :

r u in california??

WALLSTREETESQ :

no,

Customer :

what form is it?

Customer :

I just got a letter in the mail yesterday stating that automatic dismissal will take place unless the following documents are filed or a request for an extension is requested..it states that withing 45 days of filing the petition I need to file a request for an extension explaining why of course and I can request up to a 90 days extension from the date the petition was filed.. is this true?

WALLSTREETESQ :

yes

WALLSTREETESQ :

I would have an attorney help you file these papers so it does not get dismissed,

WALLSTREETESQ :

even with the extension if granted, the paper work should not be too hard to produce,

WALLSTREETESQ :

If you have any further questions please do not hesitate to ask

WALLSTREETESQ :

If satisfied please provide us with positive feedback,