Legal Question in Bankruptcy in California

Chapter 7 Bankruptcy protection from foreclosure?

I was informed today that my forebearance plan with my mortgage company had been rescinded and an auctin date has been set for tomorrow morning. I filed for Chapter 7 Bankruptcy protection this afternoon. What else do I need to do to ensure the auction does not proceed in the morning?


Asked on 6/18/08, 9:20 pm

2 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Chapter 7 Bankruptcy protection from foreclosure?

You need to fax an official notice of the bankruptcy filing, including the file-stamped first 3 pages of the petition, to the foreclosure trustee. I would do it tonight and again in the morning, and follow up with a phone call. You need to obtain the fax number for bankruptcy notices from the phone number on the Notice of Sale (or whatever other documents you've received).

Then, you need to hire an attorney and consider converting your case to a Chapter 13 because the Chapter 7 will only stop the foreclosure for a couple of weeks until the lender gets relief from the automatic stay.

Read more
Answered on 6/18/08, 9:24 pm
Brian Whitaker Lifeline Legal, LLP

Re: Chapter 7 Bankruptcy protection from foreclosure?

If you received a case number today, any "sale" that might take place tomorrow will be void and will have to be set aside. You only have 15 days to file the rest of your schedules, so get an attorney right away. Did you complete your credit counseling? If not, go to www.cricketdebt.com immediately and complete it. (before midnight)

Read more
Answered on 6/19/08, 1:29 am


Related Questions & Answers

More Bankruptcy Law questions and answers in California