What happens after bankruptcy case is dismissed? 8 Answers as of September 11, 2017

How long do I have to move out? My case was dismissed this week and I want to know how long I have until I have to move out from my home. The Lawyer is not taking my calls. I am in the process of loan modification with Wells Fargo again.

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GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You can remain in the property till the foreclosure sale.
Answer Applies to: Colorado
Replied: 9/11/2017
Ronald K. Nims LLC | Ronald K. Nims
You have until Wells filed and wins a foreclosure suit. Since it sounds liken Wells is willing to do a modification, it's unlikely Wells will file to foreclose unless you start skipping payments.
Answer Applies to: Ohio
Replied: 9/8/2017
Benson Law Firm
Benson Law Firm | David Benson
The bank should not be proceeding with foreclosure as long as a loan modification application is pending. See an attorney ASAP regarding potential dual tracking.
Answer Applies to: Ohio
Replied: 9/8/2017
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
That depends on where they are in the foreclosure process. If the notice of default is more than 1 year old they have to start over (in California). Otherwise they pick up where the foreclosure process was when you filed the bankruptcy. Do NOT let this go to an unlawful detainer proceeding in state court. It will be very difficult to rent after that. If you receive an eviction notice, move ASAP OR call them an negotiate a deal (maybe cash for keys). If they lawyer is not taking your calls, file a complaint with the state bar.
Answer Applies to: California
Replied: 9/8/2017
Law Office of J. Thomas Black, P.C.
Law Office of J. Thomas Black, P.C. | J. Thomas Black
You own the house until it is foreclosed upon. If it is a purchase money mortgage here in Texas, they almost always do a "non-judicial" foreclosure, which means they can do it without the involvement of a court. It can take as little as two months. Be sure to pick up your certified mail, as they are required to send you notifications concerning the foreclosure that way. If you are actively working on a Loan Modification with them, you may have considerably more time in the house.
Answer Applies to: Texas
Replied: 9/7/2017
    Danville Law Group | Scott Jordan
    You don't need to move out until you get a court order telling you to move. If you are in an active loan modification, a foreclosure will not happen for some time.
    Answer Applies to: California
    Replied: 9/6/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I cannot tell how long you have to move out because I do not work in the foreclosure department of your lender and I do not know where you are in the foreclosure process. And I do not know whether you filed a chapter 7 or a chapter 14. I had a client who was able to stay in her home for 5 years after her bankruptcy case was dismissed.
    Answer Applies to: Nevada
    Replied: 9/6/2017
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    You do not need to move until a Sheriff or Marshall tells you that you to. If you can continue to go through the modification, do so. Dismissal is often used, incorrectly, to mean discharged. They are different legal terms and have very different legal meanings. Make sure that you are using them correctly. The answer that you get will be different if the case has been "dismissed," "discharged," or "closed."
    Answer Applies to: Washington
    Replied: 9/6/2017
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