Legal Question in Bankruptcy in North Carolina

Why does it take ten times? When you say that the case is closed, that phrase has specific meaning. It appears that the debtor filed a Chapter 13. In the Chapter 13, you are entitled to adequate protection. After the case is filed, there is an Automatic Stay which prevents you from taking action outside of bankruptcy court. While the case is pending, you are permitted to file a Motion to allow foreclosure and to demand payments during the bankruptcy. If the judge entered an order that dismisses the case, the stay is lifted. You can now resume state collection remedies. You ought to consult counsel as it is not easy for a lien holder to foreclose on real estate. Be cautious, as the debtor may ask for reinstatement or re-file the bankruptcy. If you have previously asked for stay relief, then the Automatic Stay is not imposed unless the debtor asks for it and shows good cause. Yes you can send him a letter, consistent with state law if the case is closed. When I say consistent with state law, that means that you still have to follow all the other due process requirements, you just do not have to seek bankruptcy permission first. Yes, if you have a perfected lien and are entitled to bring foreclosure proceedings, you debt will be satisfied out of the proceeds of the sale.