Legal Question in Bankruptcy in California

Re: motion for releif of stay

The bankruptcy will take care of any personal obligation you have on the promissory note. The bank's only remedy would be to pursue foreclosure on the deed of trust and they are requesting permission from the court to do so. The court would only require you to pay on the property if you intended to keep it. Attending the hearing might wise just so that you keep informed of what is going on with property. You should also ready the court paperwork carefully to see if you have been ordered to attend.

Re: motion for releif of stay

You do not need to oppose the motion - they are seeking permission to complete their foreclosure. The court generally won't (in a chapter 7) force you to start repayment - once the lender has relief from stay, they will proceed with the foreclosure.

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