Chap 7 filed after foreclosure? Lien questions

[pambysue]

I have another question that has been in my head since last night. I was served with a summons/complaint in regard to my foreclosure & I have until 11/27 to 'answer' which I am not going to as I planned to surrender my house in my BK. I am told that after the 27th, they will file a judgement/lien. I plan on filing my BK 12/8 as then I will be under the median income for the prior 6 months and I will have the money for my lawyer on that date. My papers are all ready & I will be signing them at the end of the month. We just wont file them until 12/8 when the lawyer is paid in full.
My question is will they still be able to start a wage garnishment or freeze my accounts even though I filed BK on 12/8? I was under the impression that they didnt do that until after the foreclosure sale. And will it matter that my BK was filed after the 20 days to answer the complaint/summons? My attorney said its best if you file before the 20 days is up to save myself some 'headaches', but he said its not the end of the world. He also said I should be ok in December as nothing will probably happen before then. I just dont know what he means by 'headaches'?? I felt I would be better off to file when I will be under the median income. Am I wrong?? Any answers will be greatly appreciated!
I know I need to stop worrying so much. My health is really suffering through all of this. I just want it to be over with so I can start fresh & look forward to retirement in a few years.

[SinkingFast]

Did you receive a Summons?? Or did you get a letter from the Lender notifying you that you're in Default.

Possibly the letter said "Notice of Default and Acceleration" or "Notice to Cure"??

If that's the letter you got, the Lender is just telling you that you have 20 days to catch up on your mortgage before Foreclosure proceedings begin.

Foreclosure in NY is ALWAYS Judicial and takes a long time to complete. An average NY Foreclosure can take 18 months.

[pambysue]

no, sinking..its the summons complaint that was served on me stating I have 20 days to respond. specifically it says.."you are hereby summoned to answer the complaint in this action and to serve a copy of your answer or if the complaint is not served with this summons, to serve a notice of appearance on the plaintiffs attorneys within 20 days after the service of this summons, exclusive of the day of service, and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint".
Then, the complaint follows regarding the foreclosure intentions.

[HHM]

My question is will they still be able to start a wage garnishment or freeze my accounts even though I filed BK on 12/8?

In a foreclosure, they NEVER get to do that. All a foreclosure does is allow the bank to Sell your house to the highest bidder, or take Deed to the property. They can't garnish your wages or seize your accounts. Also, even after they get a judgment, you still have many many weeks before anything will happen (under the foreclosure procedure, the bank has to advertise the sale of the house for several weeks).

You are not going to have any problems with this.

I think you have asked this question in various ways about half a dozen different times now...and you keep getting the same answer...don't worry about it. Based on your attorney and what everyone has said in this forum, I think you have your answer

[SinkingFast]

http://public.leginfo.state.ny.us/me...MMONQUERY=LAWS

[pambysue]

Thankyou so much for all the useful information! Yes, HHM..I guess I have been repeating myself..lol (my apologies). This is all very new to me and I have been procrastinating for SO long..that it has gotten to the point where I can't sit back and do nothing any longer. Again..thankyou both for all the help and encouraging words.