How long is the stay continued after meeting of creditors? 9 Answers as of May 16, 2014

How long until foreclosure starts up again?

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The Orantes Law Firm
The Orantes Law Firm | Giovanni Orantes
Depends. The stay usually lasts from the filing until the discharge of debts is entered followed quickly by the closing of the case. However, when you have stopped a foreclosure with the filing, the bank may go into Court and ask the court to lift the stay to permit it to foreclose. If you filed a Chapter 7 case, which is what it sounds like, it is very unlikely that you will be able to resist that and the Court will lift the stay and your property will be foreclosed upon soon thereafter. You should consult counsel as soon as possible to explore your options call us at 213-3890-4362 for a free initial in-person consultation.
Answer Applies to: California
Replied: 5/16/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Until discharge OR a motion for relief from stay is granted. Sorry for the delay in answering.... I was a little under the weather.
Answer Applies to: California
Replied: 5/15/2014
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
It depends on which bankruptcy chapter is filed. In a Chapter 7 case, the automatic stay against property lasts until the case is closed, which usually occurs assuming no assets are being disbursed by the Trustee within a few days after the discharge is granted.
Answer Applies to: California
Replied: 5/15/2014
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
Under certain circumstances, the stay may be limited to 30 days or not exist at all, although the debtor can request the court to extend or impose a stay. Assuming we are talking about a chapter 7 case and your case was not filed on the heels of a previously filed case that was dismissed, the automatic stay should be in effect until case closes or the lender files and the court grants a Relief of Stay, whichever occurs first. Here is an excerpt of relief of stay local rules for Southern District of California http://www.casb.uscourts.gov/html/csdforms/Csd1539.pdf If you are in a different district the rules may be slightly different. Debtor has 11 days to oppose a relief of stay. If the motion is filed properly by the creditor and it is not opposed by the debtor, courts grants the motion. FYI, if you have regular income, are behind on your mortgage payments, and want to keep the property, depending on some specific facts, it's possible that a chapter 13 rather than chapter 7 could better accomplish your goals. To be certain a review of the financial situation and pertinent facts would be needed. Generally speaking Chapter 13, unlike chapter 7, allows debtors with regular income to catch up on past due mortgage payments over a period of 3-5 years. There are also other things in Chapter 13 that might help with cash flow shortages: lowering interest rates and spreading out payments on vehicle loans and other unsecured priority debts, getting rid of the a second mortgage in the process. A consultation with a bankruptcy attorney experienced in chapter 13s may be helpful to explore this option. Having said that, converting to chapter 13 without an attorney is not recommended. It is too cumbersome of a process to navigate without experience. Some courts have published success rates for individuals filing chapter 13 without an attorney and the numbers are very low.
Answer Applies to: California
Replied: 5/13/2014
Steven Alpers | Steven Alpers
It may never start up again. It depends on whether this is a 13 or a 7 and if arrangements are made to pay the mortgage company.
Answer Applies to: California
Replied: 5/13/2014
    Patrick W. Currin, Attorney at Law | Patrick Currin
    The automatic stay lasts for 120 days from filing unless the bank makes a Motion for Relief From Stay. Depending on the circumstances, banks frequently win these motions, but most big banks don't have the resources to do this. More often your case goes to the back of the pile of foreclosures and it takes months to re-notice your default.
    Answer Applies to: California
    Replied: 5/13/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Assuming no prior dismissed cases within one year of the present case, the automatic stay will expire upon entry of the discharge order, unless you fail to appear at the 341(a) hearing(s) or neglect to file required documents. Foreclosure sales can be extended during the time the case is opened, but notice of sale must be republished after one year.
    Answer Applies to: California
    Replied: 5/13/2014
    Danville Law Group | Scott Jordan
    Is this a Chapter 7 or 13 case? In a 7, the stay remains in effect until such time as the case is closed, generally 60 days. In a 13, the remains in effect until the plan is completed and the case is closed, about 5 years.
    Answer Applies to: California
    Replied: 5/13/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    It depends on which chapter you file. In a Chapter 7, the automatic stay is effective until the case is closed (3 to 6 months after filing). In a Chapter 13, the stay is in effect until the plan is completed (3 to 5 years) and the case is closed. The lender can ask the court for relief from the stay to proceed with a bankruptcy, so they do not have to wait until the case is closed.
    Answer Applies to: California
    Replied: 5/13/2014
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