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Received Summons 2 months after filing CH7

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    #1

    Received Summons 2 months after filing CH7

    I filled CHP 7 on 12/27/07. My 341 was 1/30/08.
    I am a asset case and surrending 2 investment properties. One of the investment properties, CHASE, filed immediadely appointing a lawyer to handle this case. The lawyer immediately filed with the trustee for a relief of stay, which the trustee declined. The lawayer then filed again for a relief of stay and it was granted. I was recently served a summons from CHASE's lawyer on this property. I am explaing all this to show that CHASEs lawyer knew of my BK and still served me.

    Is this a violation of the FCDRA? What else can I do besides send this to my attorney? There should be some type of restitution.

    I was not home when they tried to serve me, so they went to my neighors to ask how they could get ahold of me. From the coverstaion with my nieighors it was very obvious I was getting served. One of the reasons I filed was to prevent something like this from happening.

    Thanks.
    Tags: None
    #2
    If the relief from stay was granted, then you are fair game.

    Also, since the debt is on an investment property, the debt is NOT CONSUMER debt and therefore the FDCPA does not apply.

    Sorry to say, but based on what you have shared so far, everything the Chase attorney did was legit.

    Comment

      #3
      You said you are surrendering the property during your bankruptcy. I re-read what you posted several times and maybe I'm missing something? Can you help me understand why Chase's lawyer filing to lift the stay so they can start foreclosure proceedings is upsetting you? Is there something you haven't shared about your situation yet? This is the typical way this type of property surrender and return to the lender is accomplished.
      What does your lawyer have to say about this?
      Last edited by lrprn; 04-20-2008, 07:51 PM.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !
      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment

        #4
        I guess a mis-understood the surrender process. I assumed because I was surrendering the property, relief of stay was granted, grantdeed was handed over, that there was no need to serve me.

        Comment

          #5
          Originally posted by Scooter10 View Post
          I guess a mis-understood the surrender process. I assumed because I was surrendering the property, relief of stay was granted, grantdeed was handed over, that there was no need to serve me.
          Nope

          The bank still goes through the "state" foreclosure process when you surrender a property in BK. (BK is federal).

          Comment

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