QUESTION

When the stay is lifted, do the defendants have to refile the summary judgment?

Asked on Mar 21st, 2013 on Foreclosures - Illinois
More details to this question:
A federal judge ruled on a summary judgment after insurance company filed for bankruptcy and an automatic stay was in place.
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2 ANSWERS

Richard hirsh
I understand your question as follows: the foreclosure case was filed in federal court and the bank filed for summary judgment. Then you filed for bankruptcy and the automatic stay was modified to allow the bank to proceed. Once the stay was lifted it was proper to proceed in foreclosure without re-filing for summary judgment. but if the stay was still in effect the federal judge could not properly rule on summary judgment.
Answered on Mar 21st, 2013 at 10:42 AM

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Bankruptcy Attorney serving Charleston, SC at Davis Law Firm
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When the automatic stay is lifted, the foreclosure case may or may not have to be restarted. What happens is that the case will be dismissed in State Court some of the time and simply put on hold some of the time. Depending on how long the automatic stay was in effect, even if the case was not dismissed, a new hearing will have to be held. If your case was filed before the hearing on the foreclosure case, a hearing will still have to be scheduled and held. You should be given notice of the hearing before it is held, but, sometimes that does not occur. If you have moved, be sure to give your current address to the attorney handling the foreclosure and to the Clerk of Court for the county you live in. You need to consult with an attorney about the foreclosure, how long it may take and what options you may have. Your bankruptcy attorney may or may not be able to advise you regarding foreclosures and you should ask that attorney first since he is familiar with your case.
Answered on Mar 21st, 2013 at 10:42 AM

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