If I am in Chap. 7 and they reset my foreclosure sale for April 11 and have not been to 341 meeting yet until 21st can they sell my land on the 11th? - Bankruptcy Law Questions and Answers- LawQA.com

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If I am in Chap. 7 and they reset my foreclosure sale for April 11 and have not been to 341 meeting yet until 21st can they sell my land on the 11th?


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The filing of a bankruptcy creates an automatic stay stopping a foreclosure proceedings. The holder of the mortgage will have to begin from the start once the case is closed unless they get a relief from stay order from the bankruptcy court.

Answer Applies to: Minnesota
Replied: 4/14/2014

GARCIA & GONZALES, P.C.
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They can only proceed with the foreclosure sale if they ask the BK Court permission to proceed with the sale (it is called a motion for relief from stay), or your case is dismissed, or after you receive a discharge.

Answer Applies to: Colorado
Replied: 4/14/2014

Answer By Patrick Currin

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They cannot sell the land for 120 days after the filing date without permission of the court. Often the "sale date" is computer generated and will cancel itself.

Answer Applies to: California
Replied: 4/10/2014

Answer By Mark O. Grater
The Law Office of M Grater LLC
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Only if they have made a motion for relief from the bankruptcy stay.

Answer Applies to: Connecticut
Replied: 4/10/2014


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Yes if they have permission from the bankruptcy court.

Answer Applies to: Nevada
Replied: 4/9/2014

Answer By Cate Eranthe
Eranthe Law Firm
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Unless the mortgage holder got an order to lift the automatic stay which went into effect when you filed your bankruptcy case there can be no foreclosure sale on April 11. If you think the sale may be on the calendar, show up with your case and the Notice of Filing to show the auctioneer. Let all those present know there is a stay in effect and an active bankruptcy case so that the sale can't go forward.

Answer Applies to: California
Replied: 4/9/2014

Answer By Darren Aronow
The Law Office of Darren Aronow, PC
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No, automatic stay prevents them from selling unless they file and get judge approval for a motion for relief.

Answer Applies to: New York
Replied: 4/9/2014

Answer By Dorothy G Bunce
A Fresh Start
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"They need to have a bankruptcy court order called a "lift stay" to pursue any foreclosure against you while the bankruptcy is open.

Answer Applies to: Nevada
Replied: 4/9/2014


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Once you filed your Chapter 7, the mortgage lender is prohibited from doing anything to collect their debt, including foreclosure, without permission of the Court. The lender would have to file a Motion to Lift Stay and get a order allowing them to remove the property from the bankruptcy before they could start a new foreclosure. They could not possibly have a foreclosure scheduled for April 11, since that is on Friday and in Georgia you can only have a foreclosure sale on the first Tuesday of the month and a foreclosure ad must run for four consecutive weeks prior to that first Tuesday.

Answer Applies to: Georgia
Replied: 4/9/2014

Answer By John F Brennan
Musilli Brennan Associates PLLC
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Without additional details it is impossible to form an opinion. I hope that you have a bankruptcy lawyer, and if you do not you should engage one immediately.

Answer Applies to: Michigan
Replied: 4/9/2014

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