952-544-6356
-
Sign in with:
- Sign in
- Register
- Are you a Lawyer?
David J Kelly's Answers
Contributor Level 2
- 3 Legal Answers
- 1 Legal Guide
3
Attorney answers:
When would our sheriff's sale take place if it was scheduled 2-26-2012, but cancelled. Unsure if due to bkptcy filing or not?
My best guess would be that the sale was cancelled because of the bankruptcy. In order to start the foreclosure again, the creditor will have to wait until after your discharge or bring a motion to lift the automatic stay. The automatic stay is a court order issued when you file a bankruptcy which requires that all the creditors leave you alone. Among other things the stay requires that mortgage foreclosures be stopped. If your case is a Chapter 13 your discharge will not be coming...
6
Attorney answers:
- ···
Is it possible to change attorney after i have filed chapter 13
That would be a yes. You always have the right to change attorneys. If you came to me I would want to take a long and hard look at the case; and I would want to hear the whole story about what it was you didn't like about your present lawyer. The last time someone came to me with an interest in changing lawyers I wound up telling them that I thought their lawyer was doing exactly the right thing and that they were lucky to have the lawyer they had. On the other hand, lots of the...
4
Attorney answers:
Can the lender foreclose if I file for bankruptcy?
Well, join the club. That would be most of my clients. Typically, most of my clients file Chapter 7, which is often called "straight bankruptcy." Chapter 7 might delay foreclosure, but it does not permanently prevent it. Ultimately you have to keep paying the mortgage if you want to keep your house. Where Chapter 7 will do you the most good is in the situation where you have a second mortgage. Without the bankruptcy, typically the first mortgage company takes the house and goes away, but...