Good Day,filed chap 7,had meeting of creditors,and my home is 100% exempted by homestead,MD Wildcard,and TBE Doctrine Value of

Asked 5 months ago - Baltimore, MD

home $10,000 exemptions $26,000.+ TBE.a creditor filed a lift of stay motion,(which was granted even after my having been rushed to hosp )after a cardiac attack upon attempting re entry prior to the hearing.Had filled a hard copy objection with the court before the hearing which was ignored.& further another creditor has filled for a hearing in state court to collect on a judgement,which is included in the Bankruptcy.,after having been served via certified mail of the auto stay.on two different occasions and was in attendance to all proceedings in the Bankrucy court.There is more,tired of typing,senior with no typing skills ,THANKS FOR ANY AND ALL REPLYS

Attorney answers (4)

  1. Robert J Adams Jr.


    Contributor Level 20


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . In a Chapter 7 when a mortgagee files a motion to modify the automatic stay there is virtually no defense other than a defense that one is not in default. You unfortunately have to deal with the mortgagee directly. As to the creditor who is pursuing a judgment in state court they are violating the automatic say. Your lawyer can take corrective action and possibly can seek damages.

  2. Daniel Mark Press


    Contributor Level 14


    Lawyer agrees

    Answered . The secured creditor can still get stay relief to pursue its collateral. Exemptions have nothing to do with that. As for the other creditor, did they just file in the foreclosure case to assert their rights to the collateral junior to the mortgagee, or did they try to collect personally (which would be a stay violation)? Your lawyer should know how to deal with these. You do have a lawyer, right?

  3. Timothy Joseph Mummert


    Contributor Level 12


    Lawyer agrees

    Answered . You need to talk to your lawyer about these issues. If you do not have a lawyer, you need to get a lawyer to help you with these issues. Bankruptcy is not a black and white area of the law. It is complicated and can be confusing at times.

  4. Robert Franklin Dean

    Contributor Level 9

    Answered . Even if the home is fully exempt, creditors can file a motion for relief from the stay if you have fallen behind in your mortgage payments. It sounds like you have several problems here and need some direct help from an attorney, not just tips on a message board. Our office would be happy to arrange a free consultation with you.

    This is not legal advice and should not be relied upon as legal advice. Discepolo LLP is a Maryland law firm with... more

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