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Thanks Wendy. Met with the attorney today. I bought a house…

Thanks Wendy. Met with the...
Thanks Wendy. Met with the attorney today. I bought a house in Florida and it is not fully protected by the Homestead in Florida so not sure whats the next move with my attorney. He is going to have a Real Estate Attorney help me with that. However, I did have a civil case that was on hold due to the Automatic Stay. Also, that same creditor domesticated 2 judgments locally.
Now does the civil case pick up where it left off?
How soon can the motion be filed to re instate the Bankruptcy?
Do I have to file everything from scratch when I am ready to file the motion?Thanks
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Answered in 17 hours by:
7/9/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 1,396
Experience: Member at Keefer & Keefer LLC
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Hello again. There should be some options to try to protect your home (e.g., mortgage restructure, sale and downsize, etc.). Hopefully between your realtor and the attorney you can identify the best course of action for you. Typically, even if the homestead exemption doesn't completely protect the home, it protects a portion of the value and a sale cannot usually be forced - other than via foreclosure by someone with a mortgage on the home - and any judgment or other liens that attach to the home would be paid if/when the home is sold. But you will want to verify that as each situation is different.

Yes, usually the stayed actions will just pick up where they left off and as soon as there is paperwork lifting the stay those people pursuing those actions can start moving them forward.

A motion to reinstate your bankruptcy filing needs to be made relatively quickly - normally within 10 days of the dismissal and should include why the case was dismissed, explain your reason for any error or omission and steps you have and will take to correct the issue. If you miss the window for fling a motion to reinstate, you typically have to wait 180 days to refile for bankruptcy. If you file the motion and the case is reinstated, you are not starting over but correcting any errors that led to the dismissal; if you miss this deadline or the motion is denied, when you refile, you are starting over.

Let me know if you need anything further. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 1,396
Experience: Member at Keefer & Keefer LLC
Verified
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