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CA Lawyer
CA Lawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 1655
Experience:  Bankruptcy Attorney
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My husband and I have filed for a chap. 7 Bk in Colorado.

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My husband and I have filed for a chap. 7 Bk in Colorado. We are including our townhouse in the Bk; and we jus got a notice in the mail from the foreclosure attorney about a Motion for relief from automatic stay of enforcement of lein or security interest. Does this just mean that they are trying to proceed with the foreclosure? If so, that's fine, since we are surrendering the house, but we wanted to know if 1. We need to go to court on the date specified, and 2. If this is the foreclosing bank contesting the debt.
Do you have an attorney representing you in the bankruptcy?
Customer: replied 8 years ago.

Not at this time. We had to file in a rush to stop a garnishment, and we couldn't afford an attorney.

 

A motion for relief from stay is a creditor asking the bankruptcy court to remove the bankruptcy stay for a particular purpose. Generally, before the signature line it will have a paragraph indicating the purpose.

In most cases when it is from a lender who wants to foreclose, it is just so they can complete the foreclosure.

When a creditor is challenging the bankruptcy or discharge or particular debt, they file a Complaint to Determine Dischargeability or Entitlement to Discharge. This is an adversary proceeding, and they aren't very common. It is not the same as a motion for relief from stay.

As far as court dates, generally the parties should appear for all court dates even if its just to say that they don't oppose the motion.


Just FYI, bankruptcy attorneys are the most affordable attorneys around and often its worth the $800 to $1500 to hire one.



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Customer: replied 8 years ago.
Thank you very much.
You're welcome. Let me know if you have any follow up questions.







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Remember, this is for entertainment and educational discussion only and is not intended as legal advice and that no attorney client relationship is formed.
Customer: replied 8 years ago.

Since we've got you, We have 1 more question for you. . . When we filed, we forgot to include the req'd paystubs from my husband. We got copies of them and dropped them off within 7 days. The gal we filed with mentioned that SOMETIMES the PT requests copies of tax returns, etc, and we should pay clos attention to any requests the PT sends us. We got a notice from the PTs office requesting the paystubs, but nothing else. On the documention enclosed, it mentioned something about the tax returns, paystubs, and bank statments bein required. Do we need to provide that info, or will the PT's office send us a request if it is needed?

 

Thank you so much for your help!

Tax returns have to be provided to the Chapter 7 Trustee at least two weeks before the 341 meeting.

The Chapter 7 trustee's office should be able to answer how many years and what exactly they need/want.

Typically bank statements aren't necessary unless specifically requested, and/or there is an audit, but it wouldn't hurt to ask the Chapter 7 trustee if they wanted them.


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Remember, this is for entertainment and educational discussion only and is not intended as legal advice and that no attorney client relationship is formed.
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