Will I get notification from the court if the lender proceeds with a motion of relief? 14 Answers as of March 02, 2011

I filed for bankruptcy on Jan 5, 2011, went to the creditors meeting on Feb 10, 2001 and received a notice that the house is being foreclosed on Mar 1, 2011. After Feb 10, I received a notice from the court that everything is proceeding normally. Will the foreclosure still continue on Mar 1?

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Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
When a creditor files a Motion for Relief from Stay, he must give notice to the debtor and the debtor's attorney. Accordingly, you should receive notice of any Motion for Relief from Stay.

Your bankruptcy filing stays any foreclosure sale unless the court has already granted relief from stay or the stay has for some reason expired. Based on the limited information that you have provided me with, assuming that this is your first bankruptcy filing within the last 8 years, assuming that there has been no other recent bankruptcy filing regarding the property that is the subject of the threatened foreclosure sale, and assuming that the Bankruptcy Court does not grant relief from stay prior to March 1, 2011, the March 1 foreclosure sale should not take place on March 1, 2011. You should check with the foreclosing party immediately prior to the sale date to make sure that the proposed foreclosure sale does not take place. I urge you to contact experienced bankruptcy counsel to assist you with this matter. For specific advice about your matter, please call me 310 271-6223.
Answer Applies to: California
Replied: 3/2/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Lender is required to give you notice of a Motion for Relief. Foreclosures are continued by the lender while you are in bankruptcy.
Answer Applies to: California
Replied: 3/1/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
The lender should get relief from stay before proceeding.
Answer Applies to: South Dakota
Replied: 3/2/2011
The Law Office of Mark J. Markus
The Law Office of Mark J. Markus | Mark Markus
You better make sure that the foreclosure trustee and the creditor received notice of the bankruptcy case, but if they did, the sale cannot go forward without them violating the automatic stay.
Answer Applies to: California
Replied: 3/2/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
Not unless they obtain relief from the automatic stay.
Answer Applies to: California
Replied: 3/1/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes.
    Answer Applies to: California
    Replied: 3/1/2011
    Steven D. Keist, Attorney at Law
    Steven D. Keist, Attorney at Law | Steven D. Keist
    Yes you will.
    Answer Applies to: Arizona
    Replied: 3/1/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Yes, you will get such notification.
    Answer Applies to: Tennessee
    Replied: 3/1/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    The sale would be void unless the lender/creditor first obtains relief from the automatic stay if the sale is within 60 days of the first scheduled meeting of creditors in a Chapter 7 case. Make sure the lender/creditor knows that you are in bankruptcy to avoid having complications. The motion papers have to be served on you and your attorney by mail. Your attorney will also receive electronic notification and will find out a few days before you do of the motion date and time. A copy of the motion will be served by the attorney representing the bank.
    Answer Applies to: California
    Replied: 3/1/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    You will get notice of everything filed in your case. The Foreclosure cannot proceed as long as your bankruptcy case is active. Your case is not closed until you receive your notice of discharge from the court. Once your case is closed, then the foreclosure can commence again.
    Answer Applies to: California
    Replied: 3/1/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    a motion for relief from the automatic stay must first be filed before the foreclosure goes forward unless you have filed multiple bankruptcies within the last year.
    Answer Applies to: California
    Replied: 3/1/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You should receive notice of relief of stay motion.
    Answer Applies to: California
    Replied: 3/1/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You need to ask your attorney that you retained. Depends on circumstances.
    Answer Applies to: Alabama
    Replied: 3/1/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Your mortgage company can ask the court to foreclose on you. So, even though you filed for bankruptcy you can still lose your home.

    From the facts you gave, it is not clear if the mortgage company obtained relief from the automatic stay from the bankruptcy court. If the court granted relief of stay, then yes the house can still be sold.

    If there has been no relief of stay, the creditor either needs to wait until your case closes or get permission from the court.
    Answer Applies to: California
    Replied: 3/1/2011
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