Legal Question in Bankruptcy in North Carolina

filled bankrupted chapter 7,received docket number.Still receiving mail wanting money for one thing are another,buy Citibank said they were filling foreclosure, been going on for eight mounts, kept all mail for file. Can we sew?


Asked on 12/11/09, 1:19 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

It is not unusual to receive mail and/or calls after filing. You should keep a log to see if this is innocent or deliberate. There are penalties for a creditor who violates the automatic stay. You should also make sure that the creditor is listed on the schedules. If a creditor is not listed and does not have notice of the bankruptcy, the debt may not be discharged. If a creditor has a security interest or mortgage on property and you are in default in payments, they mustask for permission from the bankruptcy court before they can threaten to foreclose or file any paper or notice to do so. Once the discharge order is entered, the stay is lifted and, if you remain in default, they can foreclose.

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Answered on 12/16/09, 4:39 pm


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