Need a Bankruptcy Attorney to file an INJUNCTION to stop my Stay from being lifted. My Chapter 7 discharges on 2/13/13.

Asked over 1 year ago - Modesto, CA

The INJUNCTION is needed be for a few reasons. 1- I have a Medical Condition which has me on bedrest through the rest of my Pregnancy(due date 4-6-13) and any fluxuation in any of my lab work from now till due date can cause the baby to deliver prematurly, or cause harm to both of us if I do not stay down and follow the Doctors instructions. I have a written letter from the Doctor stating the above. And 2- I need time for an Attorney to look over all of the paperwork I have on the Foreclosure of our home. It was done wrongfully and fraudulently. I am looking to get through the Pregnancy with NO HARM to either the baby or myself and allow the baby and me to recover for about a month then I will move if I havent found an Attorney to take my Foreclosure case.

Attorney answers (5)

  1. Hermin A. Dowe

    Contributor Level 13

    3

    Lawyers agree

    Answered . If your discharge was granted on 2/13/2013 then there is no stay to be lifted. The discharge in your case terminated the stay. The lender is continuing with their motion just for the paperwork.
    Because the stay is lifted does not mean you will have to move immediately. The bank still has to go through their foreclosure process to sell the house.
    You may need a foreclosure defense attorney if you believe there were irregularities with your loan.

    Remember that on this forum attorneys try to answer your questions with limited facts available to them. My... more
  2. Ryan Cullen Wood

    Contributor Level 6

    2

    Lawyers agree

    Answered . Technically if you have received a discharge there is no stay. And yes, it usually takes the mortgage company some time to actually foreclose on a home after receiving court approval.

    That said, you can try and get the court or the creditors attorney to agree to an adequate protection payment. An adequate protection payment is a payment to protect the secured creditor, mortgage company, interest in your home. You could agree to an amount of the APO with the creditors attorney or ask the court to determine what is fair under the circumstances. This could guarantee you a couple more months in the home. Or agree to relief from stay, but just in three months and agree to vacate the home on a certain date in the future in exchange for being allowed to stay longer. There are a number of options still. I grew up in Merced, California. So hi neighbor. Good luck.

    Ryan C. Wood is Bay Area bankruptcy lawyer and has been practicing exclusively bankruptcy law in California since 2007. Mr. Wood formerly worked for David Burchard, Chapter 13 Trustee for the Santa Rosa and San Francisco Divisions of the United States Bankruptcy Court for the Northern District of California. West Coast Bankruptcy Attorneys has filed hundreds of bankruptcy cases and has an “A” rating by the Better Business Bureau.

    Legal Disclaimer: Ryan C. Wood practices law in California only. Any answers to questions re not intended to be... more
  3. Gaurav D Datta

    Pro

    Contributor Level 6

    1

    Lawyer agrees

    Answered . Since your case has already been discharged, you may want to look into filing a subsequent Chapter 13 following your Chapter 7 (often referred to as a Chapter 20). Because you are facing foreclosure, you have mortgage arrears that can be addressed in the Chapter 13. You should talk with a local attorney right away about this option if you have not been foreclosed on already. With that said, if you did not list the possible wrongful disclosure action on Schedule B of your petition during your Chapter 7, you have lost your right to assert that action either in a subsequent Chapter 13 or in a state-court proceeding.

  4. Diane L Gruber

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . First, you should have hired an experienced BK attorney to handle your bankruptcy. Now that you are in the middle of it, discuss this problem with an attorney in your jursdiction ASAP. Don't understand your question about lifting the stay. Good luck.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
  5. Patrick Begley

    Contributor Level 14

    2

    Lawyers agree

    Answered . Wow. You need an attorney very badly. Did you list the wrongful foreclosure on Schedule B as a potential asset in your case? If not, the creditor might use that as a defense against any case you might have had. Unfortunately the bedrest is not going to be a "legal" defense to prevent the lifting of the stay. A Chapter 7 only stalls foreclosure proceedings, if you wanted to catch-up on mortgage arrears you should have filed a Chapter 13. You need to talk to a bankruptcy attorney about filing a Chapter 13 if you want to stay in the home. Or workout an agreement with the lender. In any case you need to find an attorney immediately.

    The information provided in this post is not "legal advice." Rather it is general information on common legal... more

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