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How long before i have to move after putting a land contract into a bankruptcy and having it discharged.

Clare, MI |

I have a land contract with a mortgage company out of south Carolina but my home is in Michigan. My bankruptcy was recently discharged and the company has been calling asking for money. I recently found out i am pregnant then found out i am sick. I cannot afford to move right now. How long do i have before i am forced to live?

Attorney Answers 3


First of all, you need an attorney. If you have been contacted for money by a creditor, you may have a solid claim for damages due to contempt of the Bankruptcy Court's order. Second, this is not high school. You do not get "do overs" if you have a good personal excuse. Sorry, but sentiment is not a substitute for law. I think you can get what you really need by using the law. And you will need an attorney to do that.

To finally answer your question; you can stay in the home until the owner brings a civil action to remove you. They can probably force you out pretty fast, but it will cost them. So make them an offer. Tell them you're broke and pregnant etc. They won't care. But tell them that you need $3 Thousand Dollars to move. You might get lucky. If an attorney tells them that, you have a much better chance of getting something. Especially if he pairs a contempt action with that request. It's worth a try. Good luck.

Don't forget to click on the "Best Answer" button, if you appreciate this wit and wisdom. This answer is not intended to create an attorney-client relationship and may not be relied upon as legal advice. A careful examination of the facts is necessary before a legal answer may be relied on. You should consult your own attorney before taking or refraining from any legal action.

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If the company has calling you to collect on a debt that has been discharged then it may be in violation of the automatic stay (predischarge) or perhaps the discharge injunction (post-discharge) and it could be liable for damages. You could file an action against the lender in bankruptcy if your case is still open or reopen your case to allow for such. As for as how long you have to stay in your house, this would depend on the where the lender has started the foreclosure or where it left off before you file bankruptcy. Even if your house has been sold, there is likely a redemption period typically of 6 months (although it can vary) where you are given an opportunity to buy back the house at a certain amount. Once this period passes, the new owner will initiate eviction procedures to evict. So you may have quite a bit of time, but you should contact a local attorney.

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Demands for payment could be a violation of the discharge injunction, although the bankruptcy code does allow lenders to inform you of payments needed to avoid loss of the home. Land contract forfeiture proceedings would likely give you 90 days from the hearing if you owe more than 50% of the purchase price (180 days if less). You really need an attorney to assist you through this.

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