Legal Question in Bankruptcy in Arkansas

foreclosure after bankruptcy

we were going to reaffirm, but couldn't so the bank was notified. but bankruptcy law states the bank has to file claim to property within 30 days. But they did not do so. This happened in July of 2009.

But they filed foreclosure on us on Oct 13,2009 and again in March 2010. If they had only 30 days to claim our property, how were they able to foreclose on us? Didn't we own the home free and clear by then? If we still own the home, how do we go about getting it back??? Did the bank violate the bankruptcy law in any way???


Asked on 3/07/11, 9:19 pm

1 Answer from Attorneys
Chad Oldham Oldham Law Firm, PLLC

No. Secured creditors are treated differently than unsecured creditors in bankruptcy. Your mortgage lender most likely entered an appearance and sought relief in order to pursue state law remedies, i.e., foreclosure. You should consult with your attorney who handled your bankruptcy.

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Answered on 3/10/11, 8:03 am


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