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Ask Irwin Law Your Own Question
Irwin Law
Irwin Law, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6772
Experience:  Lawyer & Real Estate Broker, 30+ years, foreclosure, land contracts, inheritance, probate.
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I was just in Court and Judge ruled to Strike me from

Customer Question

Hi...I was just in Court and Judge ruled to Strike me from proceeding with my foreclosure defense..BUT...I was just told that the CH 7 bankruptcy, if the trustee declines to foreclose on the house then the lender must decide whether or not they will let you reaffirm the debt or they must petition with a Motion to Foreclose on the property to the Bankruptcy court judge (which is almost always granted). If the Lender neglected to petition the bankruptcy court to foreclose at that time, then it remains subject to the normal rules and state laws of foreclosure and must proceed under state law if and when it finally does decide to foreclose. And that means that you are still entitled to make your defenses, counter claims, etc. against the foreclosure and the lender who is proceeding to foreclose. DO YOU HAVE A FEW CASE EXAMPLES, REferences, that support that? How long does Creditor have to file this Motion to lift stay after discharge? Would I have received if DEbtor?
Submitted: 4 months ago.
Category: Bankruptcy Law
Expert:  Irwin Law replied 4 months ago.

The general rule is basically as you understand it. Once the Ch. 7 proceeding has ended either with the discharge and no asset report, and/or a relief from stay order (different b/k judges do it differently) the foreclosure proceeding may proceed, but only in state court. That is the court that has jurisdiction over the real estate itself. You may or may not receive notice of a motion to lift stay. Not all courts require it if the trustee has moved to abandon the property from the Chapter 7 proceeding. You may raise any and all defenses/counterclaims against the foreclosure suit which you can raise in the state court proceeding.

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Customer: replied 4 months ago.
Irwin...not what I asked for??? PLs read again,,,refer to someone else if you can't reply
Expert:  Irwin Law replied 4 months ago.

You posted a rather lengthy question, the answer to which can go in any number of directions. If this is the question: How long does Creditor have to file this Motion to lift stay after discharge? Then there is no specific time limit. Nor is there always a necessity to file for relief from stay if the stay has automatically been lifted by the discharge or the closing of the estate by the trustee. There is no simple, single answer to all questions regarding stay relief.

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