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when i filed bankruptcy on my house did it make it someone elses property

2006-10-10 08:04:46 · 2 answers · asked by mcgee5885 1 in Politics & Government Law & Ethics

2 answers

You didn't file bankruptcy on your house. You filed, most likely, as an individual. No, the filing did not make your house someone else's property...however, some other court action may have.

2006-10-10 09:09:58 · answer #1 · answered by Anonymous · 0 0

When a debtor files for bankruptcy under either Chapter 7 or Chapter 13 of the US Bankruptcy Code, (which are the most common individual bankruptcies) an automatic stay is established. This means that no court proceedings may be commenced or continued until either the bankruptcy has been concluded or the Bankruptcy Court has issued an order granting relief from the stay.

If you have a house, it is likely you have a mortgage. If you are behind on your mortgage, eventually the lender will commence an action for foreclosure. This action will be stayed if you file bankruptcy. However, the mortgage company will file a motion in the Bankruptcy court, (unless you work out something with them) asking for a relief of the stay, and in most instances, the bankruptcy court will grant such a motion. Then foreclosure can then proceed.

I hope you did not file bankruptcy on your own or using a "kit". Bankruptcy these days is a complicated procedure, and you need the guidance of an experienced attorney. Please consult an attorney in your area who can not only provide you specific advice in your situation, but can also review with you any exemptions to which you may be entitled, etc. If you don't know an attorney, contact your local or state bar association for a referral.

2006-10-10 09:59:29 · answer #2 · answered by Phil R 5 · 0 0

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