Legal Question in Bankruptcy in North Carolina

I have a court date on my house Monday but no sale date how long do I have to stay in my home and what's my options


Asked on 3/18/16, 11:29 am

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

I assume you have a loan on the house and the lender is seeking to foreclose. If that is the case, you have until after the sale and after you are given notice to vacate by the new owner. Your options to avoid eviction are to, of course, cure or make a deal to catch up the payments. Bankruptcy provides for an "automatic stay" that is a court ordered injunction against any action to sell or record the deed or evict without bankruptcy court permission. The bankruptcy court will allow you to work up a plan that provides for cure and catch up over 3-5 years and will force the creditor to take it. You should not wait, but should consult a bankruptcy lawyer to work through the various remedies.

Tom Zimmerman

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Answered on 3/19/16, 11:48 am


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