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If The court has granted a stay of relief on my house while I am in chapter 7 and it turns out I not do not qualify for 7 and decide to file 13 will the filing of 13 stop the sale of my house. It appears at this time that we will be able to get things caught up in 2 to 3 months. We just need to keep our house from selling now. And there is the possibility of fraud on the part of the bank concerning the appointment of successor of trustee.

Optional Information:
pleasant hill, Missouri

Customer (name blocked for privacy)

Status: Closed Value: $30

What do you mean you don't qualify for a Chapter 7? (Everyone qualifies unless it would be an abuse of the bankruptcy system).

What exactly did the Chapter 7 trustee say? Did she move to dismiss your case?

Is your case already dismissed?

DISCLAIMER - This answer is not legal advice. No attorney-client relationship is formed. The information provided is for educational purposes only. For specific advice regarding your situation, please consult a qualified attorney in your area.

Reply to CALawyer's Post: My case has not been dismissed yet but the trustee has filed a motion to have it dismissed. We have a couple of things going on. We have not filed our income tax for the past 3 years and we needed that for our trustee and our income is too high to pass the means test. We went back and refigured our income and it is higher than what we originally figured. As it turns out we have an unexpected source of income coming but we won't be able to access any of the funds for at least 45 days. We need to use bankruptcy as a tool to hold off the law firm who is in charge of foreclosing on us.
Thank you for your time.

My final question is where in the foreclosure procedure were you before you filed the Chapter 7?

Had they set a sales date yet, just given notice of default?

A sale date had been set.

This situation is going to be problematic.

You can get a new automatic stay effective for up to 30 days (longer if you file a motion within that time period and the court approves it) if you file a Chapter 13 after your Chapter 7 case has been dismissed.

If the stay relief hasn't been granted yet or the hearing hasn't been hear, try to have your attorney argue for a 45 day order to allow you to cure the mortgage arrearage. I have had judges grant these very commonly.

There is a 10 day automatic stay on stay relief orders. This gives you the time to appeal the order and get a stay while the appeal is pending.

Once the stay has been terminated with regard to a creditor, it is almost never reinstated.

The best option in this type of issue would be to have your attorney discuss the matter with the creditor. Let them know that you will able to cure the default within a certain time period and see if they will stipulate to postpone the foreclosure for that time period. With the market like it is, creditors are wary of foreclosing, you might have a shot.

If not, discuss with your attorney whether it would make sense to pay another filing fee and file a chapter 13 so you can get another 30 days automatic stay.

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