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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hello! My grandma just filed for bankruptcy today. Due to illness

Resolved Question:

Hello! My grandma just filed for bankruptcy today. Due to illness she's been unable to keep up with the house payments. We thought bankruptcy was the hardest & best thing for her to do. Because we didn't use an attorney the court will not answer any of our questions. We are not sure if she is supposed to pack up and move out now? We are not sure if we wait for the discharge & then she has to vacate. Can you please give me some clarification on the process as it involves a house?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 7 years ago.

Since she has filed, your grandmother is protected from creditors under the automatic stay provisions of Section 362 of the Bankruptcy Code. This means no creditor can make advances against her while in bankruptcy UNLESS the creditor files a motion for relief from the automatic stay and get permission from the court to proceed with the collection/foreclosure.


Thus, she has time. Once the creditor files the motion to lift the stay, the creditor will still have to get an order lifting the stay. Once it has this, it must then begin the foreclosure process. This process takes 60-90 days to get to the foreclosure sale.


So long as your grandmother is out by the date of the sale (which she'll have notice of), she'll be fine.

Customer: replied 7 years ago.
Does that 60-90 days come before or after the discharge?
Expert:  Roger replied 7 years ago.
The 60-90 days begins after the lender gets permission from the bankruptcy judge to proceed with the foreclosure. It could happen before or after her bankruptcy discharge -depending on when the lender files the motion for relief from the automatic stay.
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