QUESTION
Can I file chapter 13 and retain my property within the 10 days after auction?
Asked on Sep 29th, 2014 on Bankruptcy - New Jersey
6 ANSWERS
Don't you think it might have helped if you had indicated what kind of property you are talking about and whether the auction took place 10 days before you filed Chapter 13 or 10 days afterwards? How do you expect a volunteer lawyer to help you when you don't provide any meaningful information about your situation?
Answered on Oct 01st, 2014 at 2:08 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
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In Ohio, like most states, you must file Chapter 13 before the auction occurs. In a few states, you can file Chapter 13 after the auction but before your right of redemption expires. Talk to a local attorney.
Answered on Sep 30th, 2014 at 5:19 PM
Probably not, but I would need you to answer a lot of questions before I could render an opinion. Contact an attorney for a face to face meeting, and be ready to pay for the advice. Good luck!
Answered on Sep 30th, 2014 at 12:09 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Your question is not specific enough to allow an answer, but generally after auction is too late.
Answered on Sep 30th, 2014 at 11:15 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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In New Jersey it depends on which Judge you get. It is called the Deed vs. gavel rule, which means that it depends on whether the Judge you get follows that the Sale is complete when the gavel at the auction comes down or when the Deed is transferred.
Answered on Sep 30th, 2014 at 10:46 AM
Bankruptcy Attorney serving Walnut Creek, CA
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Alan E. Ramos Law Offices
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If you are in California and your property was sold in a foreclosure auction, there is virtually no chance that you can save the property, with or without bankruptcy. The only exception is if you can prove that the foreclosing lender had no right to sell the property or there was some gross impropriety in the sale.
Answered on Sep 30th, 2014 at 10:46 AM