Legal Question in Bankruptcy in Ohio

chapter 7 relief from stay motion

My husband and I filed chap. 7 and it was discharged 3/24/08. A week before discharge the bank who had our rental property filed motion for relief from stay. We thought our attorney was attending the hearing for us. He did not. Bank was awarded their motion. I asked atty what is going on he yells at me and tells me not to worry. Atty says this is their way of getting the house back. Are we going to be held responsible for any balance due on the sale of the house? Atty says no that chap. 7 protects us. What about that motion they won? We are afraid that the hearing meant they had the loan pulled from the bankruptcy and the bank can come after us for the balance due and/or remaining balance due after foreclosure. What is the truth here?


Asked on 4/02/08, 3:14 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: chapter 7 relief from stay motion

The motion for relief from stay allows the plaintiff to continue the foreclosure process and allow the house to be sold at sheriff's sale. The motion DOES NOT remove the suit from bankruptcy protection. The Chapter 7 discharge shields you from all liability on the mortgage, and it prevents the plaintitt from executing/collecting on any judgment it has against you.

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Answered on 4/02/08, 3:44 pm


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