QUESTION
Does the clock start ticking the day of or the day after the court date to dismiss or whenever the attorneys at the mortgage company get the paperwork
Asked on Jul 26th, 2017 on Bankruptcy - Wisconsin
More details to this question:
My chapter 13 bankruptcy case was dismissed 1 week ago. I am re-filing right now for another chapter 13. I have read that a person's mortgage company can start up "right where they left off" with foreclosure action if they want. I filed about a week before the foreclosure sale was to take place. If I was a week away from foreclosure, are they able to foreclose within a week if possible on their end? Do they legally have to re-inform me of moving forward with foreclosure proceedings or can they just proceed without informing me?
3 ANSWERS
No further notice will go to you. Call the Public Trustee handling the foreclosure sale and ask what the new sale date is. You have to file before then.
Answered on Oct 10th, 2017 at 5:11 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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The lender needs to notify the court that the bankruptcy was dismissed, then the court has to schedule another sheriff?s sale. Depending on the county, this takes 2 to 6 weeks. When you re-file, you MUST file a motion to extend stay immediately.
Answered on Oct 08th, 2017 at 12:23 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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They may have to re-notice a sale. If so, that gives you a few weeks. Please remember that the Automatic Stay-in a case which you file within one year of the time when your previous case was ending-expires 30 days after you file the second petition-UNLESS YOU FILE A MOTION ASKING THE COURT TO KEEP THE STAY IN EFFECT AGAINST ALL CREDITORS OR PARTICULAR CREDITORS. Find a good lawyer. It's almost always worth it.
Answered on Oct 06th, 2017 at 3:24 PM