Does the clock start ticking the day of or the day after the court date to dismiss or whenever the attorneys at the mortgage company get the paperwork 4 Answers as of October 10, 2017

My chapter 13 bankruptcy case was dismissed 1 week ago. I am re-filing right now for another chapter 13. I have read that a person's mortgage company can start up "right where they left off" with foreclosure action if they want. I filed about a week before the foreclosure sale was to take place. If I was a week away from foreclosure, are they able to foreclose within a week if possible on their end? Do they legally have to re-inform me of moving forward with foreclosure proceedings or can they just proceed without informing me?

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before then.
Answer Applies to: Colorado
Replied: 10/10/2017
Ronald K. Nims LLC | Ronald K. Nims
The lender needs to notify the court that the bankruptcy was dismissed, then the court has to schedule another sheriff?s sale. Depending on the county, this takes 2 to 6 weeks. When you re-file, you MUST file a motion to extend stay immediately.
Answer Applies to: Ohio
Replied: 10/8/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
This depends on what state you are in. In California, the sale is continued from time to time. You need to contact a title company or a lawyer who can access the information to see when the next sale is set for. If it has been more than a year in bankruptcy they have to start over. You need a lawyer for this second case. A motion to keep the stay in place is required in some jurisdictions... it has to be heard within 30 days of the filing of the second case.
Answer Applies to: California
Replied: 10/6/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
They may have to re-notice a sale. If so, that gives you a few weeks. Please remember that the Automatic Stay-in a case which you file within one year of the time when your previous case was ending-expires 30 days after you file the second petition-UNLESS YOU FILE A MOTION ASKING THE COURT TO KEEP THE STAY IN EFFECT AGAINST ALL CREDITORS OR PARTICULAR CREDITORS. Find a good lawyer. It's almost always worth it.
Answer Applies to: Wisconsin
Replied: 10/6/2017
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