Can I still answer the Foreclosure complaint (35 days) after filing chapter 7 Bankruptcy in NJ? 2 Answers as of April 23, 2013

After filing Ch 7, can I still answer the foreclosure complaint which is 35 days in NJ. Would I waive my rights?

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Law Office of Stuart M. Nachbar, P.C.
Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
If you have filed for bankruptcy, how is the bank proceeding. The Bankruptcy Automatic Stay stops them from proceeding. They would need to file a Motion to Vacate Stay with the Bankruptcy Court.
Answer Applies to: New Jersey
Replied: 4/23/2013
William S.Wolfson Esq.,LLC | William S.Wolfson
You may still answer the foreclosure complaint after filing a bankruptcy. Depending on the circumstances you may need the consent of the plaintiff's attorney and the court to file an answer out of time. The bankruptcy automatic stay should stop the foreclosure. Your question did not say whether the bankruptcy stay had been lifted or if you received a discharge. You may want to try to save your home by taking advantage of the State Court Foreclosure mediation program. Go to www.njcourtsonline.gov for info on foreclosure mediation.
Answer Applies to: New Jersey
Replied: 4/23/2013
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