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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I filed for bankruptcy and have completed the debtors hearing

Customer Question

I filed for bankruptcy and have completed the debtors hearing a few weeks ago, which I had intended on giving my house up as I didn’t have a job and no prospects. Today I received a document from the mortgage company’s law firm “motion of relief from stay”. How do I find out how long I have to find a new place to live?

I have a roommate (partner) now and I have some income from my small business and want to keep my house. I am not sure what to do???
Where do I go from here if I wanted to stay in my house?
Can I save my house even though the trustee has closed my case as a non assets case?
Does my bankruptcy lawyer help with this or is this something I do on my own?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 8 years ago.

You can still reaffirm the home, but the reaffirmation agreement has to be filed before the discharge is entered.

I suggest contacting your attorney and telling him/her that you want to reaffirm the debt. However, the lender won't normally provide a reaffirmation agreement if the loan is not current, and considering that they filed a Motion for Relief from Stay, I'm guessing payments are not current.

So, you will likely need to get the payments caught up so you can get a reaffirmation agreement from the bank. If your discharge is coming up soon, your attorney can postpone the discharge to give you time. If you can't get it caught up, you can convert to Chapter 13 but your attorney will need to object to the Motion for Relief from Stay, plus it has to be converted before the the discharge is entered.

I have had a lot of clients who decided to keep a house after initially thinking they were going to surrender it, and we always manage to get it worked out one way or another. If you can bring the loan current quickly though, it saves you a lot of money so you don't have to convert to Chapter 13 to catch it up.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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