Friend's house foreclosed on BUT

[vermontbloke197]

A friend of mine who entered into Chapter 13 bankruptcy to save her house lost it today through a sheriff sale. To be honest, she feels as though she has been screwed by the lawyer who seems to have done little to help, for the $3000 he took to do the case. The question my friend has is this: She looked at her bankruptcy case on Pacer and saw that the hearing to lift the Stay on her house was held on 9/30/08 unbeknown to her..........and granted by the court. It was noted in the records that her lawyer failed to show up. Even though it is history now, she wanted to know...........even though most bankruptcy courts grant a lifting of the stay on assets like houses, had her lawyer turned up, could there have been anything he could have done to delay the lifting or was the reason why he didn't show up was because there was nothing he could have done.
Thanks

[AngelinaCatHub]

Welcome to the lawyer world. He should have showed up. Not knowing all the in’s and out’s the payment of the house had to be up to date, and if it is a chapter 13, could have been paid in the plan. I can’t tell you anything more than this as I am C7 and don’t know all the rules of C13. You will be helped by and by from others more knowledgeable. Remember, no legal advice is given here. Only opinion. ‘Hub

[mickeysfriend]

I need to know the answer to this also! thanks for asking!

[lrprn]

If the house was auctioned off AFTER she filed Ch 13, then the sale is a direct violation of her automatic stay and she can get the sale reversed if this happened very recently.

If the house was auctioned off BEFORE she filed Ch 13, then I'm afraid she's out of luck. The house is gone.

Do you know which is the case in this situation?

[TEW]

A friend of mine who entered into Chapter 13 bankruptcy to save her house lost it today through a sheriff sale. To be honest, she feels as though she has been screwed by the lawyer who seems to have done little to help, for the $3000 he took to do the case. The question my friend has is this: She looked at her bankruptcy case on Pacer and saw that the hearing to lift the Stay on her house was held on 9/30/08 unbeknown to her..........and granted by the court. It was noted in the records that her lawyer failed to show up. Even though it is history now, she wanted to know...........even though most bankruptcy courts grant a lifting of the stay on assets like houses, had her lawyer turned up, could there have been anything he could have done to delay the lifting or was the reason why he didn't show up was because there was nothing he could have done.
Thanks

I don't know about her but when they made the motion for relief of stay I got served with those papers and her house was foreclosed on unbeknown to her
I am going into foreclosure and I am getting a letter a day telling me about it.
My lawyer did not go to the hearing, nothing she could do I stopped paying. What do you think she would say?
I wouldn't be so quick to blame the lawyer.