Legal Question in Bankruptcy in New York

time frame to stay in house after filing chapter 7?

Hi,

My mom is filing chapter 7 to avoid foreclosure in 3 weeks. After that she will try to sell the house on her own.

What is the time frame they will allow her to stay in her house, if she isnt able to find a buyer soon?

She is elderly and disabled and the thought of her being evicted worries me.

Thank you very much for your help.


Asked on 3/08/05, 3:25 pm

1 Answer from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: time frame to stay in house after filing chapter 7?

This is a hard situation for your mother. She and you have my sympathy.

The time frame is what you can get. Let the judge and trustee know your plan. Put the house on the market now, do not wait.

It might be better to file under CH13. That would provide more time for an orderly sale, however, that might require the assistance of an attorney.

You are welcome to a consultation for no fee.I Again, a friendly judge and trustee will give you at least 90 days for a sale, often longer.

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Answered on 3/08/05, 4:49 pm


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