If I am in Chap. 7 and they reset my foreclosure sale for April 11 and have not been to 341 meeting yet until 21st can they sell my land on the 11th? 20 Answers as of April 15, 2014

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EDWARD P RUSSELL | EDWARD P RUSSELL
The filing of a bankruptcy creates an automatic stay stopping a foreclosure proceedings. The holder of the mortgage will have to begin from the start once the case is closed unless they get a relief from stay order from the bankruptcy court.
Answer Applies to: Minnesota
Replied: 4/15/2014
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
They can only proceed with the foreclosure sale if they ask the BK Court permission to proceed with the sale (it is called a motion for relief from stay), or your case is dismissed, or after you receive a discharge.
Answer Applies to: Colorado
Replied: 4/14/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
They cannot sell the land for 120 days after the filing date without permission of the court. Often the "sale date" is computer generated and will cancel itself.
Answer Applies to: California
Replied: 4/10/2014
The Law Office of M Grater LLC
The Law Office of M Grater LLC | Mark O. Grater
Only if they have made a motion for relief from the bankruptcy stay.
Answer Applies to: Connecticut
Replied: 4/10/2014
Stephens Gourley & Bywater | David A. Stephens
Yes if they have permission from the bankruptcy court.
Answer Applies to: Nevada
Replied: 4/10/2014
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    Unless the mortgage holder got an order to lift the automatic stay which went into effect when you filed your bankruptcy case there can be no foreclosure sale on April 11. If you think the sale may be on the calendar, show up with your case and the Notice of Filing to show the auctioneer. Let all those present know there is a stay in effect and an active bankruptcy case so that the sale can't go forward.
    Answer Applies to: California
    Replied: 4/10/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    No, automatic stay prevents them from selling unless they file and get judge approval for a motion for relief.
    Answer Applies to: New York
    Replied: 4/9/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    "They need to have a bankruptcy court order called a "lift stay" to pursue any foreclosure against you while the bankruptcy is open.
    Answer Applies to: Nevada
    Replied: 4/9/2014
    The Troglin Firm | William M. Troglin
    Once you filed your Chapter 7, the mortgage lender is prohibited from doing anything to collect their debt, including foreclosure, without permission of the Court. The lender would have to file a Motion to Lift Stay and get a order allowing them to remove the property from the bankruptcy before they could start a new foreclosure. They could not possibly have a foreclosure scheduled for April 11, since that is on Friday and in Georgia you can only have a foreclosure sale on the first Tuesday of the month and a foreclosure ad must run for four consecutive weeks prior to that first Tuesday.
    Answer Applies to: Georgia
    Replied: 4/9/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Without additional details it is impossible to form an opinion. I hope that you have a bankruptcy lawyer, and if you do not you should engage one immediately.
    Answer Applies to: Michigan
    Replied: 4/9/2014
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    The mortgage lender cannot foreclose on your home while you are in bankruptcy unless they file a motion for relief from stay with the Court and their motion is granted.
    Answer Applies to: Oregon
    Replied: 4/9/2014
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If they have asked the court to lift the automatic stay and the court agreed, yes they can have the Sheriff's Sale and Foreclose on the property.
    Answer Applies to: Michigan
    Replied: 4/9/2014
    Law Office of Marlin Branstetter
    Law Office of Marlin Branstetter | Marlin Branstetter
    An automatic stay went into effect when you filed your bankruptcy. The creditor has to get a relief from stay in order to sell your property. If they received a relief from stay from the court they can sell your property according to the laws of your state.
    Answer Applies to: California
    Replied: 4/9/2014
    Law Offices of Eric W. I. Anglin
    Law Offices of Eric W. I. Anglin | Eric W. I. Anglin
    If they have sought relief from the automatic stay through the bankruptcy court or if your bankruptcy was subject to the 30 day termination of the automatic stay, then the creditor would be able to pursue its options in the court that handled your foreclosure. Have you filed notice of your bankruptcy filing in the court which has jurisdiction over the foreclosure? If the court hasn't received notice, it would have no idea that you filed bankruptcy unless the creditor notifies the court. In our jurisdiction (Southern District of Indiana), it is typical practice to file a "Notice of Bankruptcy Filing" in the local court that has the foreclosure and to provide a file stamped copy of that notice to the sheriff's office that handles the sales for that county. This stops the sale of real estate pending the outcome of your bankruptcy or until the automatic stay has been lifted so the creditor may pursue its option in the local court.
    Answer Applies to: Indiana
    Replied: 4/9/2014
    Garner Law Office
    Garner Law Office | Daniel Garner
    The foreclosure cannot proceed unless the creditor has obtained relief from the bankruptcy stay by filing a motion in your bankruptcy case. Action on the motion proceeds on its own timetable regardless of your 341 hearing date. You must determine if a motion for relief has been filed to know what to do next.
    Answer Applies to: Oregon
    Replied: 4/9/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Filing bk will stay foreclosure. The bank must file a motion asking the bk court to allow it to proceed with foreclosure before it can do so. You need to check to see if the bank has done so.
    Answer Applies to: Nevada
    Replied: 4/9/2014
    Idaho Bankruptcy Law | Paul Ross
    Foreclosure cannot occur while the bankruptcy is open without relief from the automatic stay. Make sure your attorney is aware of this situation. Make sure the foreclosing company has notice of your bankruptcy.
    Answer Applies to: Idaho
    Replied: 4/9/2014
    Steele, George, Schofield & Ramos, LLP
    Steele, George, Schofield & Ramos, LLP | Alan E. Ramos
    As long as the case is open, the lender must obtain relief from the automatic stay in order to sell the property. It is not a violation of the automatic stay to reschedule the sale date, they just can't go through with the sale unless they obtain relief from the automatic stay or wait until the case closes.
    Answer Applies to: California
    Replied: 4/9/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    No, they just continue the date until you get your discharge. If you want to keep this house you need to think about converting to chapter 13.
    Answer Applies to: California
    Replied: 4/9/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    No. Unless they got an order from the court lifting the automatic stay (you can check)... then yes.
    Answer Applies to: Michigan
    Replied: 4/9/2014
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