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Maverick, Attorney
Category: Bankruptcy Law
Satisfied Customers: 6423
Experience:  20 years of professional experience
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I file chapter 11,while i was in chapter 11,the bank still

Resolved Question:

I file chapter 11,while i was in chapter 11,the bank still foreclose on my house,That was the reason why i file chapter 11 to stop the foreclosure.Is ther anything that i can do about that.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Maverick replied 7 years ago.
did you file chapter 11 or 13?
Customer: replied 7 years ago.

Yes i file chapter 11


Expert:  Maverick replied 7 years ago.

Chapter 11 is normally for a business reorganization or for people that need to reorganize their debts and are extremely wealthy. Check you paper work again and see if it says Title 11 or Chapter 11. They are not the same. All bankruptcies are filed under Title 11. But there is a difference between a chapter 11 and 13. Also, did you have a repayment plan approved by the court?



Customer: replied 7 years ago.

I file chapter 13,I had a payment plan aprove by the courts.


Expert:  Maverick replied 7 years ago.
Was the house included in the plan and if so, did you fall behind on the plan?
Customer: replied 7 years ago.

I call the court to find out what was going on with my case and the clerk told me that i should get my lawyer,because the bank still went through with the foreclouser.That was the reason why chapter 13 was file.


Expert:  Maverick replied 7 years ago.

If your chapter 13 was done properly and you kept up with your payment plan obligations, the bank could not foreclose on the home without first getting permission from the bankruptcy court for which you would have gotten notice in the form of a motion to lift the automatic stay.


Otherwise, the only thing I can think of is that the chapter 13 was done improperly or the bank has foreclosed in error for which they can be held liable.



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Customer: replied 7 years ago.

what can i do.If the bank is liable,what happens.


Expert:  Maverick replied 7 years ago.

You need to find a BK lawyer or call the bank or review the bankruptcy file to first find out why the foreclosure took place. Only then will you know what your options are. Try



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