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My house went into foreclosure in 1/2007 and the auction date was 5/1/2007, I filed a Chapter 13 on 5/1/2007, that stop the auction. June 28, 2007, the judge extended the chapter 13 til 7/2/2007 because I did not filed a credit counseling certificate so I refiled on Jul6 6, 2007 with an attorney and the mortgage sold the house on July 6, 2007, the first bankruptcy was dismissed on July 9, 2007, but it is my understanding that i still have a 30 day stay. My attorney and I didn't find out about the selling of the house until 4/2008 or a little bit after and at that time I was not longer in bankruptcy. My former bankruptcy attorney said I was still covered, in the meantime the new owners filed an unlawful detainer and I lost in court. My question is what are my options?
what do you seek to accomplish?
Damages "Violation of an automatic stay" Was this transaction legal concerning we didn't find out until later the house was sold. My question is was this an illegal transaction since I was in bankruptcy
You are correct there is an automatic stay of 30 days after filing. However, one seeking relief from the stay to go forward against the debtor or his property may show the bankruptcy judge, after a hearing, that there is "cause" for the granting of relief ( which might include showing that the creditor's interest in particular property is not "adequately protected") , or showing that the debtor has no equity in the property and that the property is not needed for a reorganization.
Most often, it is the secured creditor who wants relief from stay to foreclose on real estate or to repossess a car. Creditors can frequently get relief from the stay to foreclose on property in which the debtor has no equity or where the property is not insured. Where the equity cushion (the difference between the creditor's claim and the value of the property) is small, the debtor may have to make "adequate protection payments" to the creditor to preserve the equity cushion for the creditor's benefit as a condition of the stay remaining in effect.
Sometimes, creditors want relief from stay to pursue the debtor's insurance coverage. Such relief is generally granted if the creditor agrees to limit the collection of his judgment to the insurance. Another common situation is the multi-party case where the plaintiff does not want to try the case without the debtor being a party (which would be the result if the stay is not lifted).
When relief from stay is granted, it does not remove the property from the estate or grant the creditor ownership of the property. It simply removes the stay and restores the parties to their state law rights and permits the creditor to enforce those rights to the extent that the relief from stay order permits. Thus, if a mortgage holder gets relief from stay, it doesn't grant the creditor ownership of the collateral, it just frees the creditor to exercise whatever remedies the creditor had outside of bankruptcy.
Ok, I totally understand what you are say, but it wasn't the bankruptcy judge that went against the order, it was a temporary judge in civil court and there wasn't a relief of stay order. So I'm asking should I go ahead with violation or just take my lost?
You should go ahead with the violation.
Thank you, XXXXX XXXXX expect my case?
what do you mean by expect your case?
Oh, sorry I meant to write accept my case
unfortunately I am not able to accept the case per Just Answer rules.
Ok, can you suggest an attorney for me hire? Can I filed the violation myself?
while you can file yourself, I encourage you to visit <a href="http://www.findlaw.com/">www.findlaw.com</a> to find an attorney in your area.
Very good, thank you very much your time and assistance
Thank you, XXXXX XXXXX to click Accept.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.