QUESTION
If I filed chapter 7 on Dec 31 2016, do I need a defense for a motion for relief from automatic stay?
Asked on Feb 02nd, 2017 on Bankruptcy - Texas
More details to this question:
I filed Chapter 7 on December 31 2016. I have a plan to move out of the house we are in by April 1st 2017. Mortgage lender wants to lift the stay and reposes the house now February 2017. Can I get the court to deny the petition? I have a hearing on February 9th and I will be doing this "Pro se".
5 ANSWERS
You need to have an experienced attorney review your file with you. This is like calling a doctor out of the blue, and asking questions about your xrays, that the doctor has never seen before! Good luck.
Answered on Apr 07th, 2017 at 6:57 AM
You should only respond to a motion to lift stay if you oppose it AND have a legal defense to the motion. Based on what you have posted, it sounds like you do not meet either criteria to pursue opposing the lift stay. But consult with your own attorney because it is unclear whether you have disclosed all the information needed to say for sure.
Answered on Apr 07th, 2017 at 6:57 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, if you're not paying the mortgage, the lender has a right to lift the stay and foreclose on the property.
Answered on Apr 07th, 2017 at 6:57 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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There is little chance the lender will go forward with a nonjudicial foreclosure before your move-out date. I wouldn't oppose the motion.
Answered on Apr 07th, 2017 at 6:56 AM
If you are behind on the mortgage payments, you have no defense and the court will grant the motion for relief from stay. However, it probably won't affect you if you still plan to move out of the house this month, in April. After the mortgage company obtains relief from stay they still have to schedule a foreclosure date, which takes time.
Answered on Apr 07th, 2017 at 6:56 AM