QUESTION
What can I do if my attorney sold me out because the bank sold my house 30 minutes after filing Chapter 13 and the bank states, they didn’t know so?
Asked on May 04th, 2013 on Foreclosures - California
More details to this question:
There was no automatic stay because the states they didn’t know but they all knew and I lost my home. I would like to know who could actually help me get justice for my family.
3 ANSWERS
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Unless this was your third bankruptcy filing within the period of one year, the filing of the bankruptcy before the sale should make the sale void. Please check the timing of the sale and the timing of the bankruptcy and contact another attorney ASAP. If the bankruptcy filing was AFTER the sale, you should still consult with another attorney ASAP in case the sale had not yet been confirmed or in case your attorney was negligent in not filing the case.
Answered on May 08th, 2013 at 3:01 AM
1 Award
The sale should be void, meaning it can be set aside by the BK court since the sale occurred after the BK was filed. This is especially true if the bank got the home at the foreclosure sale. You should consult with a different BK attorney in your area.
Answered on May 08th, 2013 at 2:50 AM
It depends whether the trustee that conducted the sale was told of the BK stay. There might be relief from the BK court. If the house sold at the trustee's sale, the buyer might be a BFP and you will not be able to get your house back.
Answered on May 08th, 2013 at 2:47 AM