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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17235
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I am representing myself pro se in a Chapter 7 bankruptcy,

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I am representing myself pro se in a Chapter 7 bankruptcy, State of Maryland. I am also in forelosure. One of the secured creditors on my home has filed a motion to lift the automatic stay. I am concerned that if the stay is lifted, and the house auctioned, one of the judgement lien creditors will get paid before they are discharged. Is this a good enough reason to argue that the automatic stay should not be lifted? I am also arguing that I should get a homestead exemption before any of the nonsecured creditors get paid fronm the proceeds of a foreclosure auction.


That is a valid reason, you may want to obtain an appraisal to show that the first and priority liens would be paid before them, and it would not be beneficial for them to have the stay lifted,


However under the law, a Court will allow a stay to be lifted, if you have made no arrangements to pay the creditor in your bankruptcy,


Another argument you should consider is that you have an interest in the property and are living there, also mention you have homestead protection, and want to claim it for the home, if it is your primary residence you should argue that you have an interest in it, and lifting the stay hurts your interest.


In terms of the homestead protection, you get to keep the exempt amount before creditors,


The amount of your equity is an asset in bankruptcy and a Chapter 7 trustee may be able to sell your house and use the equity to pay your creditors. The homestead exemption allows you to exempt a certain amount of your equity and protect it from the bankruptcy trustee.

For example, if you own a home worth $200,000 and you have a $150,000 mortgage on it, then you have $50,000 of equity in your home. If you live in a state that has a homestead exemption of $75,000, your equity is protected and the bankruptcy trustee cannot go after your house. However, if you live in a state that only has a $10,000 homestead exemption, then the bankruptcy trustee will likely take your house and sell it. From the proceeds of the sale, you will receive the exemption amount of $10,000 and the rest will be used to pay off your mortgage as well as pay the trustee’s fee and your creditors.


Secured creditors get paid first, not unsecured creditors,

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Customer: replied 3 years ago.

The party seeking to lift the stay is one of two secured creditors. There is

one priority and 2 judgement lien creditors after that.

I want ton argue the following: if the secured crreditor goes forward with the foreclosure sale immediately after the stay is lifted, I will have no where to live while trying to complete this bankrutcy. I also have major medical problems and will be hospitalized the entire remaining month of October.I am filing a motion to avoid lien(civil judgement of my brother)

so that I may take my homestead exemption. Also, if the foreclosure sale occurs before his lien is lifted, he will get his money.

that is a fine argument, in terms of lifting a stay that will still take time for a court to decide, and an eventual foreclosure will not pay other creditors, it goes by who is the first, which would be the mortgage company, all others are paid after.

Even with a foreclosure, you can remain in the home until an actual eviction which will take several months as well.
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