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Old 05-12-2013, 06:38 PM   #1 (permalink)
Junior Member
Join Date: May 2013
Posts: 2
Court ignored Chapter 7 "automatic stay"?? HELP PLEASE!!

I posted this in the "Real Estate and Property" Forum also, since it applies to both catagories.

Hi, I'm a military veteran, electronics technician with a family of 7 (5 kids, the wife and myself). I lost my job and was unable to keep up on bills so my mortgage fell behind by about 5-6 months and the lender started the foreclosure process. I was going to just let the foreclosure proceed and give up the house. When the scheduled date for the sheriff’s sale came within 2-3 weeks, I still haven’t managed to obtain the funds needed to cover a down payment, rent, utility deposits and moving costs.

After doing some research, I realized I could buy a few extra months by filing chapter 7 and at least get us into the spring so I could have a yard sale and get some funds together. So, I contacted an attorney and they confirmed that as long as I filed the petition before the sheriff’s sale, the foreclosure would not proceed due to the automatic stay.

Well, I had trouble getting the lawyer fees together and the sheriff sale took place on 4/16. Then the utility companies starting making their spring rounds shutting off people with overdue accounts (where I live they cannot shut-off utilities in the winter months). So, all the money I got together was used to keep our power/water etc. on.

Anyway, I decided to file pro se, and I submitted the emergency forms with the petition on 4/29. Since the confirmation of sale wasn't scheduled until 4/8, I figured I was good. Now I'm just wrapping up the rest of the forms (basically completed) and I decided to do a search in my states online circuit court access database and in the case for the foreclosure here is what I read:

05-08-2013 Confirmation of sale

Additional Text:

8:33 a.m. Attorney [edit] appeared by phone means for Plaintiff [edit]. Defendant [edit] not in court. Borrower filed Chapter 7 within the past week, Atty [edit] asking court to continue the matter. Court continues matter.


I was going to file the remaining Chapter 7 paperwork tomorrow and I have no money and it looks like my family is about to be homeless...

Can anyone please offer me some advice as to how I can/should approach this?
paintballz is offline  
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Old 08-01-2014, 11:39 AM   #2 (permalink)
Join Date: Jul 2014
Posts: 85
Based on the recent status of the bankruptcy court regarding your case, it seems as though it is too late to file a chapter 7 automatic stay petition. It is advisable to speak with a bankruptcy attorney to determine whether you can salvage the house by asking the court to reverse its decision by allowing you to file your ch. 7 petition even though it is well the 4/8 sell date, and even though you appeared to default on the hearing regarding the sale of the house. A link to find a bankruptcy attorney can be found here: http://www.legalmatch.com/bankruptcy-lawyers.html
jonathan.vogel is offline  
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