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I have filed bankruptcy more then once, they were dismissed…

I have filed bankruptcy...

I have filed bankruptcy more then once, they were dismissed but not in bad faith. I was trying to keep my house outside of ch13. It however did not pan out. I have since filed again but the automatic stay was not in place and my house sold at auction even though I was in ch13. Is there anything I can do to reverse that? File an automatic stay extension? Or is it final?

Lawyer's Assistant: What state are you in? And has anything been officially filed?

NH and I filed last week just the minimum to start my bankruptcy and Im actively looking for attorney if its worth fighting

Lawyer's Assistant: Has anything been filed in civil court? If so, what?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe thats it

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Answered in 53 minutes by:
5/23/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Thanks for your patience. As you know, when a person files for bankruptcy, there is an automatic stay on all attempts by creditors to collect. This means that even if your house is in foreclosure, then the attempts must stop. If they ended up selling the house, then the trustee has the authority to unwind the deal. The reason is because the trustee is in charge of your entire estate until the bankruptcy is completed. You may need to submit a motion to the court to enforce the automatic stay. You can list the creditor as the opposing party. Be sure to file it with the court and serve a copy on the creditor and the trustee. The trustee will have the authority to order that the $ be returned to the buyer and the bankruptcy must be completed.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,373
Experience: Licensed to practice before state and federal court
Verified
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Customer reply replied 2 months ago
Thanks. So now I need help finding an attorney in the NH area. Is that something you can help me with?

I can't make any specific recommendations, but I can do the next best thing.

One of the hardest things to do sometimes is find a lawyer that you can trust. Google searches are a good place to start, but usually the lawyers who pay the most in advertising can get bumped up to be on the first page regardless of their quality. One thing I recommend is going through your state’s lawyer referral service (LRS). The LRS in each state typically requires the attorney to have several years of practice, be free of discipline, and have adequate staffing to assist people. If you click here, you can see a full list of all of the lawyer referral services throughout the country. You can also search for attorneys on a website called Lawyer Legion (click here) that scours all 50 states based on the kind of attorney you need.

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Customer reply replied 2 months ago
awesome thank you! So let me get this clear. Even though the house sold during my CH13 there is still a possibility I can fight this through my current ch13?

Correct.

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Customer reply replied 2 months ago
even with the automatic stay not in place? I can request an extension still? Thanks so much by the way

So, let's back up a minute so I can fully understand the timing of this. Are you saying that you filed, the home foreclosed, then you filed again, and you're wondering if you can have a stay for that window that it was foreclosed upon?

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Customer reply replied 2 months ago
no I filed a while ago. It was dismissed and then I filed the other day again prior to the home being foreclosed at auction. I called the bank they said they didnt have to honor the bankruptcies automatic stay because it was not on due to second filing. My question is it to late to motion an extension? is it to late to do anything to save this?

I see. So, the company was wrong and it is likely they lied or they just don't understand. As soon as you file, all collection attempts must be stopped. So, it's not too late to make that motion.

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Customer reply replied 2 months ago
Well they said because it was my third, they didnt have to honor it.
Customer reply replied 2 months ago
sorry not second, third filing

Unless they provided you a legal authority to suggest this is the case, they're probably making it up.

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Just as an FYI, I do have to run for a meeting, but I'll be back on around 1pm PST.

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Customer reply replied 2 months ago
k. I guess my next question to clarify is. This is my third file within a year so no automatic stay was enforced. Is it to late to reverse that? and ask for a motion to stay even if the house foreclosed?

Ok, I am back. There are a couple of ways that your automatic stay can be suspended. Could you let me know if either of these apply to you?

  • If within the 1-year period before the filing of your present bankruptcy case you had an active prior bankruptcy case, which was dismissed, the automatic stay would go into effect at the filing of your new case but would automatically expire after 30 days, unless certain conditions were met. Before that 30 days passes the automatic stay would continue in effect if you convince the bankruptcy court that the present case was filed "in good faith."
  • If within the 1-year period before the filing of your present bankruptcy case you had two or more active prior bankruptcy cases which were dismissed, the automatic stay would not go into effect at all at the filing of your new case. But the automatic stay could be imposed by the court if within 30 days after the filing of the new case you file a motion and convince the bankruptcy court that the new case was filed "in good faith."
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Customer reply replied 2 months ago
The second option is what happened. So there is a chance I can motion and give example why it was good faith etc

Yes. So, there is still a chance. Now, like all things, it's up to the judge in the bankruptcy case, bt you can always make that request.

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Customer reply replied 2 months ago
this is still valid even if my house went to auction last week. I can still do this because its within the 30days of bankruptcy and the bankruptcy was filed prior to the sale?

That's correct. The bankruptcy court can order the sale null.

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Customer reply replied 2 months ago
wow. Thanks for your help! I will be looking for an attorney locally now and see what I can do. Thanks again for your help!

You bet!

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