Bankruptcy Law

Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Bankruptcy Law

There was a sale date on my mothers home for Nov.1st, this

Customer Question
There was a sale date...
There was a sale date on my mother's home for Nov.1st, this past Tuesday. I have POA and so I was going to deal with it. I had to be admitted to the hospital on Sunday evening and held until Monday so I could not make it to the courthouse to file my emergency ch 13 for the automatic "stay". I contacted our lender, CitiMortgage, early Tuesday (the auction day) and let them know that I was trying to cooperate with them and to see if we could work out some kind of deal so I could at least get 30 more days to work with the, or decide if ch 13 was the bes route. I had already written up an emergency ch 13 just in case, but I was assured by 2 employees at Citi that if I just updated her income statement, and some other minor paperwork, in regards XXXXX XXXXX modification I would be fine for the extension. I was actually in line a the social security office in Sn Antonio, Tx ( THis is a property in Bexar county SA, TX) to get a copy of my mothers SS award letter for for verification of income when I called Citi back just to make sure everything was still fine (as I had been doing all day) and then I was told that they could not reach the attorneys and that the sale probably had went ahead. I then hauled ass downtown and filed my emergency ch 13 but I am not sure what had taken place first, my case # XXXXX the auction. I have been told that since I filed that day the auction is nul and void, I just want to be certain.
Submitted: 6 years ago.Category: Bankruptcy Law
Show More
Show Less
Ask Your Own Bankruptcy Law Question
Answered in 8 minutes by:
11/4/2011
Bankruptcy Lawyer: Ellen, Attorney replied 6 years ago
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
Experience: Bankruptcy Lawyer. Experienced.
Verified
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

Unfortunately the chapter 13 bankruptcy will only be effective to stop the auction if the chapter 13 was filed before the auction was completed. You will need to check the time stamp of your chapter 13 with the time that the auction occurred


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Ask Your Own Bankruptcy Law Question
Customer reply replied 6 years ago
I was told that was irrelevant, as well as I was supposed to be on strict bed rest (as dumb as it sounds I have an ER DR. note telling the court to call him with any questions. I also know that I cannot take what Citi Mortgage has to say to heart, even though I was to explicitly that they would extend the sale date 30 days with proof of income. Hence why I was waiting in line a the SS office. What, if any motions/petiions could I file today to concerning this issue? I know I should not have let things get this farm but I was advised to file my emergency ch 13 on Monday the 31st so I would be assured some extra time due to the short time it would give Citi to respond.
Bankruptcy Lawyer: Ellen, Attorney replied 6 years ago
The time of the bankruptcy filing is extremely relevant. If you filed after the auction took place, you do not have the protection of the bankruptcy court's automatic stay which would prevent the sale. You must then file a Motion to Set Aside the Foreclosure Sale in State court. In your motion you will want to state that the Plaintiff failed to follow proper process thus denying Respondent of procedural due process. I suggest that you retain local counsel to file this very important motion for you. Here is a link to a free legal referral site that may assist you in locating competent local counsel: www.Martindale.com
Ask Your Own Bankruptcy Law Question
Ask Ellen Your Own Question
Ellen
Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36,715
36,715 Satisfied Customers
Experience: Bankruptcy Lawyer. Experienced.

Ellen is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Terry L.

Terry L.

Attorney

2,679 satisfied customers

Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.

cortrightlaw

cortrightlaw

Attorney

511 satisfied customers

Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.

JoeLawyer

JoeLawyer

Attorney

376 satisfied customers

Attorney in the practice of Bankruptcy Law since 1996

A.J.

A.J.

Attorney

262 satisfied customers

Experienced consumer bankruptcy attorney.

Fritz

Fritz

Attorney

209 satisfied customers

Florida attorney with extensive experience in Chapter 7 and Chapter 13 consumer bankruptcy cases

Law Girl

Law Girl

Attorney

153 satisfied customers

I am an attorney.

Paul K, Esq.

Paul K, Esq.

Attorney

141 satisfied customers

10 years Exp., Great customer service, Prompt responses.

< Previous | Next >

Related Bankruptcy Law Questions
Educator only: defendants filed a response in the bankruptcy
For Law educator only:Hello sir, defendants filed a response in the bankruptcy court. Can you please help me understand this one?Thanks… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a chapter 7 in process in las vegas, nv. I have a
I have a chapter 7 in process in las vegas, nv. I have a court date set for a reaffirmation agreement for my mortgage. I would like to change my court date to a more current date. What motion with the… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,356 satisfied customers
I filed for personal Bankrupcy Ch 7 and got discharged in
I filed for personal Bankrupcy Ch 7 and got discharged in Jan 2017(in Illinois) I need a proof of my Bankrupcy to use in my native country.How can I get an official,notarized,stamped confrimation of m… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
Can a creditor in a California bankruptcy proceeding who has
Can a creditor in a California bankruptcy proceeding who has entered into a post petition contract with the trustee in a chapter 7 case resend the contract if the trustee breeches the agreement. … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
Can attorney make an appearance in a U.S. bankruptcy case
Can attorney make an appearance in a U.S. bankruptcy case for a creditor in a state that they are not licensed in?… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,312 satisfied customers
I had a hearing in bankruptcy court- does this mean I wasn't
I had a hearing in bankruptcy court- does this mean I wasn't supposed to defend myself against the one who called for the hearing?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am at my wits end. I am at the last process, trying to get
I am at my wits end. I am at the last process, trying to get a reverse mortgage. The company says I have to get permission from the bankruptcy court, to pay it off, for some reason for which I have no… read more
Terry L.
Terry L.
Attorney
Doctoral Degree
2,679 satisfied customers
I currently am involved in a lawsuit, I am the defendant.
My name is***** currently am involved in a lawsuit, I am the defendant. Can I file Bankruptcy while the case is still open?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
I have filed chapter 13 on October 13, 2017 at t he united
I have filed chapter 13 on October 13, 2017 at t he united states bankruptcy court with out my plan paperwork being filed with it. I just got my letter with instructions on what needs to be filed and … read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
I did a chapter 13 base on my income it was reduce by $1200
I did a chapter 13 base on my income it was reduce by $1200 dollar a month order to pay 600.00 a month but loss income what can I do … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I filed bankruptcy in 1994. for the last 20+ years I have
I filed bankruptcy in 1994. for the last 20+ years I have had perfect credit. NO late payments, etc. I recently applied for a senior level position and an intense background check was completed. The c… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
What do I need to file a certficate of service in tx
what do I need to file a certficate of service in tx bankruptcy 13 … read more
Ray
Ray
Lawyer
Doctoral Degree
30,865 satisfied customers
Pertains to question reqarding possible Adversarial
Pertains to question reqarding possible Adversarial Proceedings in Bankruptcy court … read more
socrateaser
socrateaser
1,031 satisfied customers
When a civil proceeding is stayed by a bankruptcy filing
When a civil proceeding is stayed by a bankruptcy filing done by the defendant in the civil case, and then the bankruptcy court decides to lift the stay in the civil proceeding (a full and complete li… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,287 satisfied customers
I received a letter from the united states bankruptcy court
i received a letter from the united states bankruptcy court southern district of new york … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,334 satisfied customers
Bankruptcy court trial hearing Brief needed. I am a
Bankruptcy court trial hearing Brief needed. I am a Creditor, already finished a Rule 2004 exam on Debtor, out of court. I must file brief and exhibits by this Friday.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in California For bankruptcy court. What documents to
I live in California For bankruptcy court. What documents to I have to present for a valid Prenuptual agreement?… read more
DrakeLAW
DrakeLAW
Juris Doctorate
978 satisfied customers
Can the bankruptcy court put our house up for sale when we
Can the bankruptcy court put our house up for sale when we didn't complete the bankruptcy courses after court?… read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x