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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18811
Experience:  B.A.; M.B.A.; J.D.
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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: 7 months ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 7 months 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 7 months 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,