Legal Question in Bankruptcy in Ohio

Stay for relief from foreclosure

I filed a chapter 7 on my own. A motion to grant the mortgage a stay from reliefe was filed. What does this mean? Can i just surrender the property and move with my life? I am totally intimidated by this whole process. I missed required filing date for remainder of papers. I am totally stressed out over this. I'm unable to sleep. If I throw things away, that are no good will I be breaking any laws?


Asked on 6/24/08, 1:29 pm

1 Answer from Attorneys

Howard Levy Voorhees & Levy LLC

Re: Stay for relief from foreclosure

A motion for relief from stay is necessary for the bank to go back to court and continue a foreclosure. Your bankruptcy filing imposed a "stay" on any action by the bank; this motion just seeks "relief" from the "stay" so collection action can continue.

You can contact the bank and see if they will accept what is called a "Deed in Lieu of Foreclosure," which gives them the property back without foreclosure. You can also agree to the reilef from stay.

Bankruptcy law requires you to keep records of your financial affairs.

Not keeping the papers, and not filing what is required with the court, will raise the ire of the case trustee and likely result in a motion to deny your discharge/dismiss your case. Equity in any of your assets could have an impact on this.

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Answered on 6/24/08, 7:00 pm


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