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I filed for a individual pro se Chpt 7 to stop a foreclosure sale, turns out I didn't need to do so at this time .

Olympia, WA |

I have health issues that may require a hospital stay, still haven't filed A thru J can I file a motion
to continue the 341?

Attorney Answers 4


  1. Best answer

    It sounds like you have a lot going on. Between the foreclosure, bankruptcy and health problems; it will be difficult for you to manage everything. I strongly suggest that you retain an experienced attorney to help. If you want to stop the foreclosure sale, it may be best for you to be in a chapter 13 rather than a chapter 7 bankruptcy. In a chapter 13, you will be able to file plan through which you can catch up your mortgage payments. Also, if you do not have adequate health insurance, the health issues that you face may create additional significant expenses. It can be difficult, but you may want to try to dismiss your bankruptcy and file again later.

    Best wishes!


  2. With respect to the foreclosure you should also requst the face to face meeting with the lender and the mediation, if you are stalling the bankruptcy.
    Good Luck

    Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes


  3. Adding to the other answers: The easiest way to try to get the hearing continued is by calling your trustee and talking to him/her about a continuance (or have your attorney do that) due to your needing additional time to prepare for the hearing. Whether this call will be successful really depends on local rules and practices and your trustee. It is still worth a shot. If you show up to the hearing unprepared (i.e. without the paperwork the trustee requests from you), then the trustee may continue your hearing anyway (at least that is what happens in my area), which means that you will have to show up to another 341 hearing.

    Please note that all debts that arise after the filing of your bankruptcy will not be discharged in your bankruptcy, i.e. any medical bills that you may now be accruing. If your bankruptcy case is dismissed and you file a bankruptcy at a later date, you will probably be able to discharge any additional bills (such as credit card debt and medical bills) that arose after this bankruptcy was filed up until the time of the filing of the new bankruptcy. Getting a voluntary dismissal of your case may not be easy and depends on the practices of your area. The trustee may object to a dismissal and you will usually have to show that creditors will not be prejudiced. But, if you fail to file the schedules in a timely fashion (within 14 days of the filing of the bankruptcy), your bankruptcy case will be dismissed automatically. If your case is dismissed due to not filing the schedules and you refile another chapter 7 bankruptcy case within one year, the automatic stay that prevents debt collection activities as well as actions against your property (i.e. foreclosure, etc) will terminate on the 30th day after the new filing (unless you ask the court to continue the stay and the court agrees) and you may also be barred from filing another bankruptcy for six months (depending on your local rules). It is always a good idea to consult with an attorney in your locality to give you information tailored to the practices of your specific locality and your specific situation.

    Please note that the information provided is for informational purposes only and does not constitute, and should not be considered legal advice. Transmission of the information contained here and receipt by the reader is not intended to create and should not be construed as creating an attorney-client relationship. The bankruptcy law services described herein are with respect to bankruptcy relief under the Bankruptcy Code. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.


  4. Your question does not state why you did not need to file a bankruptcy to stop the foreclosure. If you still do not need to stay in bankruptcy to protect your house and there is a possibility of significant uninsured medical expenses from a hospital stay in the near future, it may be better if you do not file the balance of your bankruptcy paperwork and let your case be dismissed. You can refile a case later which will include the medical expenses incurred before you refile.

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