QUESTION

How do I reference bankruptcy on a foreclosure complaint?

Asked on Apr 28th, 2012 on Foreclosures - Florida
More details to this question:
I am filing a answer to a foreclosure complaint, but was told to reference the fact I filed ch. 13 bankruptcy. How do I reference it?
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2 ANSWERS

Real Property Attorney serving Fernandina Beach, FL at Poole & Poole, P.A.
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You should file a "Suggestion of Bankruptcy" with the Court that is handling the foreclosure.
Answered on May 18th, 2012 at 1:32 PM

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Criminal Defense Attorney serving Deltona, FL at R. Jason de Groot, P.A.
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You have to file what is known as a "Suggestion of Bankruptcy" in the foreclosure case. There are probably forms online to fill out. You must include the case number and chapter, as well as the date of filing of the bankruptcy in the suggestion. This will stop the foreclosure action and you will not even need to file an answer. You see when you filed, a federal law came into effect that prohibits the state court, and the mortgage company, from proceeding with the case. The mortgage company can make a motion to lift the automatic stay. Didn't you have an attorney file the chapter 13 for you? If so, the attorney knows exactly what to do. If not, you should immediately seek legal advice. You see, attorneys have doctorate degrees in law. They know a bit more than people who happen to have graduated from high school, and who happen to taken a class in preparing bankruptcy petitions and schedules. Those people simply cannot give you legal advice, yet they tout that they are just as good as attorneys. That is not and simply cannot be the case. You may save money, but your bankruptcy may get dismissed.
Answered on May 18th, 2012 at 12:23 PM

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