Is it possible to delay the court hearing to finalize the chapter 7 bankruptcy? 9 Answers as of April 05, 2011

I have already filed my schedules but need to have a job before moving forward in order to attempt to keep my house. Is it possible to delay the court hearing to finalize the chapter 7 bankruptcy?

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Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Unfortunately, once you attend the 341 meeting, there isn't much that you can do to keep the case open. If you have an attorney be sure to check with them on the status of the lender for the home. The lender will ask the court for relief from the bankruptcy protection if you are delinquent on payments. Therefore keeping the case open will not provide much benefit.
Answer Applies to: California
Replied: 4/5/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
The chapter 7 if already filed will proceed in the normal course. Are you trying to get a job so you can convert the case to a Chapter 13? unfortunately, if you have already filed, you cannot delay to progress of the case.
Answer Applies to: California
Replied: 4/1/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Shouldn't be necessary to "delay" the hearing. You should testify at the hearing that your ability to pay for your house will increase with the securing of this job.
Answer Applies to: Indiana
Replied: 3/28/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Unfortunately, no. And, the lender on your home could file a motion for relief from stay to take the house out of the bankruptcy court's protection at any time.
Answer Applies to: California
Replied: 3/25/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
Yes it is possible.
Answer Applies to: South Dakota
Replied: 3/25/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You need to ask your attorney who filed the bankruptcy. There is no way for an attorney to know unless they filed the case. If you filed chaper 7, you can't be behind on house payments.
    Answer Applies to: Alabama
    Replied: 3/25/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You cannot keep the house if you have not paid your mortgage in a Chapter 7. The automatic stay expires 60 days after the initial date of the meeting of creditors. Therefore, the hearing you mention, which I assume is a motion for relief of stay by the bank in order to foreclose, will be granted unless you pay everything owe and/or start regular mortgage payments immediately. The judge might make the order granting relief of stay to the bank effective on the 60th day after the date of the meeting of creditors (assuming the judge is a reaaly nice person and feels sorry for you). If you wanted to keep your home and get more time while you find a job and/or do a modification, you should have filed a Chapter 13. You need a lawyer who might be able to convert your case to a Chapter 13 if possible. Once relief of stay is granted in the C7 case a later filing of a Chapter 13 will not stop the foreclosure unless you ask the court to re-impose the automatic stay and the court agrees to do it. That will not be easy.
    Answer Applies to: California
    Replied: 3/24/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No, you need to go to your court hearing. Call the trustee to see if they will agree to continue the case.
    Answer Applies to: California
    Replied: 3/24/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    Yes, you can Motion to continue the hearing to a later date, but you have to have a good reason for the Court to approve the continuance.
    Answer Applies to: New Hampshire
    Replied: 3/24/2011
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