How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17535
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I own a house, with no mortgage, that I live in. I filed

Customer Question

I own a house, with no mortgage, that I live in. I filed chapter 13 bankruptcy (pro se) primarily because my house was going to our country's property tax auction. I filed 2 days before the auction and got an automatic stay. The county sold my house anyway. The person who bought it came to my house and harassed me and also started an eviction process the following day. I went to court and the judge postponed it for next court session but also made the comment to me that it was already sold and there's nothing I can do. I don't understand, I thought the automatic stay protected me. I don't know what to do next. Any guidance would be appreciated. I didn't hire a lawyer because though I feel I can afford the chapter 13 plan, I thought the the lawyer fees were extraordinarily high and would tack on so much more to my payment.
Submitted: 1 month ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 1 month ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 1 month ago.

I am sorry to read about your difficulties.

The State Court Judge apparently does not understand the effect of the Automatic Stay.

The auction is illegal and null and void. In order for the County to have proceeded with the auction, the County must have sought for relief from the automatic Stay with the bankruptcy Court and obtained authorization to proceed with the auction. Since, it did not do so, the auction is illegal and willful violation of the Stay and the subsequent eviction action is also a violation of the Stay.

You should file Complaint with the Bankruptcy Court against the County for Willful violation of the Automatic Stay and for the avoidance of the sale. Click here for sample complaint for violation of the Automatic Stay.

Goodluck with your case,