My property foreclosure sale date is set for October 23, 2018. I am filing bankruptcy soon and will notify the superior court about the BK filing in order to stay the foreclosure sale date. My question is, when I notify the superior court (and the lender's Attorney), do i need to file legal paperwork (such as motion to open and extend the law date) Or a phone call with the case number would be sufficient?
File a suggestion of bankruptcy with the state court that says you filed bankruptcy, the date filed and the case number. Serve a copy on the attorney handling the foreclosure for the mortgage company. Better yet, have your attorney take care of all this for you.
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I always fax copy of the docket I print out when filing to the foreclosing party trustee and any mortgage creditor too if different so they both receive proof of the filing. If it is a court foreclosure you could file notice in that court with a copy attached of the first page of docket or proof of the bankruptcy filing as well and if any attorney fax to them too. The filing of bankruptcy stops all though. So why fax? Easy: so that their attorney fees are reduced by the work they do, which means the fees you are liable for will be less in the long run. For that matter I often fax the actual plan ahead of time with that notice too to attorneys on the other side.
But if you are filing w/o an attorney, that Is a huge mistake. Most ch 13 pro se debtors never get a discharge. And in any bankruptcy, whether ch 7 or ch 13, other facts and issues can affect your case so I will point those out next to hopefully persuade you to see an attorney NOW.
You need and want to enjoy your fresh start also. But the most important thing is to meet with an attorney as you asking this question means you have not. You care about 2 goals: keeping everything you have equity in and discharging all your debts. If you don't have any of the exceptions to discharge you will obtain that goal; most exceptions are set forth in 11 USC. 523 (Google it) like child support, some income taxes, traffic (in a ch 7) and criminal fines , and presumption of student loans. But some debts are dischargeable in a ch 13 but NOT in a ch 7 so you want to make sure and your attorney will discuss any such types with you also!
Your exemptions depend on what state you have lived in in the last 2 years and thus if in your state, then your states exemptions will apply. Most persons filing keep everything they own but your attorney will confirm that with you when they learn everything you own and the equity thereof!
Some secured debts like homes, vehicles, other secured debts an attorney will discuss your options on also as you must list any debts; but that does not mean you will lose them unless you have too much equity or are in default on paying for them! Discuss those options if they apply with your attorney too.
But other issues can arise that can greatly harm your case. Just one example: If you paid back a relative $3,000 11 months ago and now file bankruptcy next week, the trustee can SUE that relative to retrieve that $3,000 (under what is called a preference) for the benefit of the bankruptcy estate. As a result, most attorneys don't charge to meet with them the first meeting so meet with one no matter what.
Many great attorneys can be found right here on AVVO in your state so look, call, and meet one as soon as you can.
You should also want to know when to file: is there an advantage of waiting versus filing now and who should you pay between now and then! Good luck and enjoy your later fresh start.
Trying to represent yourself in Bankruptcy is unwise to put it nicely. There are both Federal and Local Rules of Bankruptcy that must be complied with. It is not merely filling out forms. To properly answer your questions and address your concerns, the best way to handle this is with an in person consultation with an experienced CT bankruptcy attorney. Use AVVO's Find a Lawyer tool to select a qualified attorney. Good luck. THIS IS NOT LEGAL ADVICE! YOU NEED TO SPEAK TO AN ATTORNEY WHO IS LICENSED IN YOUR STATE FOR LEGAL ADVICE. This is merely suggestions for you to think about in discussing your situation with the local attorney.
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Section 14-1 of the Connecticut Practice Book should help you figure out what you need to do. In addition, you might want to give written notification not only to the lender's attorney, but also to the committee of sale, as soon as you've filed the bankruptcy petition and have your case number. That way, they both know right away, which could help if there is a lag between filing the bankruptcy petition and doing whatever section 14-1 might require.
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If you are attempting to handle this without an experienced bankruptcy attorney, there is no amount of on-line advice that will keep you from making mistakes. The process is far more complex than you realize and should only be handled with proper, prepared and experienced counsel.
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