Legal Question in Bankruptcy in California

Re: Notice of Motion and Motion for Relief

First of all, if you filed your bankruptcy with an attorney, you should pose these questions to him. Did you file Ch. 7 or 13? If you're getting a discharge so quickly it sounds like a Ch. 7...? Usually, you need to start paying your mortgage within a month after filing for BK. Since you have not done so, the morgagor is seeking to be taken out of the BK. Again, if you have an attorney, he should be handling these issues. If not, feel free to contact me.

Re: Notice of Motion and Motion for Relief

Yes, you need to file a response within the time frame indicated on the Notice of Motion and Motion. If you have questions, you need to consult with an attorney. In Chapter 7, you have no right to repay the arrearages over time, and I doubt that the lender will work with you to modify the loan while in Bankruptcy. As such, you may be headed toward foreclosure with no ability to stop it. You can contact the attorney for the bank and see if they are willing to work something out, but again, given where you are at, I would not hold my breath. I sincerely hope you did not file bankruptcy hoping that it would force the bank to work something out. The reality is that in a Chapter 7, the bank (where you are five months behind, and I assume have no ability to cure that default) is almost certainly going to get relief and proceed with its foreclosure. Call an attorney right away to discuss how to resolve this problem. You definitely need to respond to the motion in writing, but given what you indicate, I'm not sure how much good that is going to do.

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