What can I do if my attorney sold me out because the bank sold my house 30 minutes after filing Chapter 13 and the bank states, they didn’t know so? 6 Answers as of May 08, 2013

There was no automatic stay because the states they didn’t know but they all knew and I lost my home. I would like to know who could actually help me get justice for my family.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You would have to retain an attorney to vacate the sale of the property and justice will be in the hands of the judge.
Answer Applies to: New York
Replied: 5/8/2013
Niswanger Law Firm PLC
Niswanger Law Firm PLC | Steve Niswanger
An attorney is not supposed to take any action in a case unless the client has knowingly consented to such action. I don't know all of the facts here, but perhaps you should talk to your attorney before making assumptions. If he or she doesn't shoot straight with you, you might consider going to the ethics board and consulting with another lawyer about possible malpractice.
Answer Applies to: Arkansas
Replied: 5/8/2013
Stephens Gourley & Bywater | David A. Stephens
You may have to threaten the bank to get it back or file a motion, but in the 9th Circuit the sale was not valid if it sold after the bankruptcy was filed.
Answer Applies to: Nevada
Replied: 5/8/2013
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Unless this was your third bankruptcy filing within the period of one year, the filing of the bankruptcy before the sale should make the sale void. Please check the timing of the sale and the timing of the bankruptcy and contact another attorney ASAP. If the bankruptcy filing was AFTER the sale, you should still consult with another attorney ASAP in case the sale had not yet been confirmed or in case your attorney was negligent in not filing the case.
Answer Applies to: Wisconsin
Replied: 5/8/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
It depends whether the trustee that conducted the sale was told of the BK stay. There might be relief from the BK court. If the house sold at the trustee's sale, the buyer might be a BFP and you will not be able to get your house back.
Answer Applies to: California
Replied: 5/8/2013
    Frank Law Group, P.C.
    Frank Law Group, P.C. | David E. Frank
    The sale should be void, meaning it can be set aside by the BK court since the sale occurred after the BK was filed. This is especially true if the bank got the home at the foreclosure sale. You should consult with a different BK attorney in your area.
    Answer Applies to: California
    Replied: 5/8/2013
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