QUESTION
If a lender filed a relief of stay motion do I get a foreclosure hearing?
Asked on Aug 13th, 2012 on Foreclosures - Arizona
More details to this question:
If my lender filed a motion for relief of stay and i am in forclosure, and my attorney rebuttaled, and i have not heard from anyone, do I get a hearing? In Arizona. I called my trustee , and today they said i am in auction. My attorney states that we will get a hearing, but i want also to make sure.
1 ANSWER
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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It is sad that you do not trust your own attorney. Ask them to explain the process more.
As to your question - if an objection/answer/reply is filed in response to a motion for relief then there will be a hearing.
The judge will grant the motion unless you are paying the debt or you are in a reorganization (chapter 13 or 11) and the debt will be adjusted in the bankruptcy.
Answered on Aug 27th, 2012 at 3:09 PM