Is it possible for a creditor to foreclose on my home after an automatic stay? 18 Answers as of May 30, 2013

I am really worried about losing my home in my bankruptcy case. If I do get an automatic stay granted, is there any way for a creditor to still foreclose on my home?

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
If you filed a Chapter 13, and your plan indicates you will be paying the mortgage payment and arrearage, the automatic stay will continue as long as your payments are current. If you filed a Chapter 7, and you have an arrearage on your mortgage, the automatic stay is entered. However, the creditor will file a Motion for Relief from Stay and when the Order is entered the automatic stay is lifted as to the house permitting the foreclosure process to continue. The creditor will still be barred from collecting the debt from your personally.
Answer Applies to: Florida
Replied: 2/28/2012
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Unless you had a recent bankruptcy dismissal, then you get the automatic stay as soon as you file.
Answer Applies to: New York
Replied: 2/27/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
It sounds like you plan to make the horrible mistake of filing pro se (always a mistake). You will learn an expensive lesson - saving a few dollars on lawyer's fees is a very costly disaster if you file pro se. You do NOT have a choice of chapters in most real life situations. The numbers that make a 7 work usually make a 13 not work, and vice versa. And whether or not you keep a home is partly due to the numbers and partly how well your lawyer handles your case. What you have "heard" is incorrect. Listen to your lawyer, not friends.
Answer Applies to: Georgia
Replied: 2/27/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you do not remain current on your payments, and your mortgage is not included in a Chapter 13 plan, then it is possible for the bank to seek a "lift" of stay to proceed with foreclosure.
Answer Applies to: Indiana
Replied: 2/27/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
In chapter 7 you keep your home if it is current and you remain current.? In chapter 13 you can make a payment plan for arrears, as long as you remain current after filing bankruptcy.
Answer Applies to: California
Replied: 2/27/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    The loan you have on your home is a secured debt. As long as you make that creditor happy, e.g. continue to pay the payments, they will not foreclose on your home. If you are not making the payments on a secured debt the bankruptcy filing will slow them down because of the automatic stay. However secured creditors have the right to motion the court for relief from the automatic stay and then take the property back if you are not making the payments.
    Answer Applies to: California
    Replied: 2/27/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    If you do not make your payments during the bankruptcy then the creditor will petition that the automatic stay be lifted and you will lose your home. If you make your payments you will not.
    Answer Applies to: Utah
    Replied: 2/24/2012
    J.M. Cook, P.A. | J.M. Cook
    Yes. You must still pay for any secured debt, meaning for most folks your house and car. If you don't, the lenders can still take them just like outside of bankruptcy.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    The creditor has to file a motion to lift the stay in order to foreclose on your property once you have filed a bankruptcy. However once the stay is lifted, refiling a bankruptcy won't put another stay in place. In addition repeatedly filing bankruptcies may result in the stays being shortened without an extension from the Court.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If there is an automatic stay, the creditor has to seek relief of stay. So, it needs to get court approval while the stay is in effect.
    Answer Applies to: California
    Replied: 2/24/2012
    Anthony Saunders Esq., PLLC | Anthony M. Saunders
    A creditor can request that the automatic stay be lifted with regards to their rights. This has been granted in some cases and it is best that you speak with a qualified attorney about your specific case facts to determine what may or may not happen in the event of them requesting the stay to be lifted.
    Answer Applies to: Utah
    Replied: 2/24/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, if still owe past due payments they can get relief from the stay. See a lawyer about ch13.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    You have to make the payments. Or, to put it another way, never confuse the Bankruptcy Court with Santa's Village.
    Answer Applies to: California
    Replied: 2/24/2012
    Debt Relief Law Center | Roger J. Bus
    In a Chapter 7, an automatic Stay goes into effect when the case is filed- see 11 U.S.C. 362(a). However, if you are behind on your mortgage payments, the mortgage creditor can file a Motion for Relief from Stay stating you are behind on your house payments. Those are usually granted unless you can prove you are current on payments- so it's always best to be current on mortgage payments in a Chapter 7 if you wish to keep the house.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The automatic stay is automatic so it is granted upon your filing the bankrutpcy case automatically unless you have filed bankrutpcy cases more than twice in the past 12 months. It is also limited to 30 days if you filed one previous bankruptcy case in the past 12 months. If you have filed previous bankruptcy cases in the past 12 months then the attorney has to file a motion immediately to impose or extend the stay. The foreclosure cannot not proceed after the automatic stay takes effect (upon filing the case). Notice must be given to the foreclosure trustee immediately to prevent the sale. The foreclosure cannot proceed after you file unless the bankrutpcy court grants the creditor permission to do it or until after the automatic stay expires (60 days after the meeting of creditors in a Chapter 7 case unless extended by court order).
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    Yes.
    Answer Applies to: California
    Replied: 5/30/2013
    Law Office of William C. Wood, LLC | William C. Wood
    If you are behind on your mortgage payments, the lender can file a motion to lift stay. Once granted, the lender can then pursue a foreclosure.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    By filing bankruptcy case, the stay goes into effect without any further action - hence why it is called "automatic". The stay will be in effect until either the creditor files for, and obtains relief from the automatic stay, or the creditor can wait until the case closes and the automatic stay terminates.
    Answer Applies to: California
    Replied: 2/24/2012
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