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HELP-Got a Letter Today Regarding Order Terminating Automatic Stay
I live here in ARIZONA and I got my BK7 discharged on 7/20/09 and this leter came today dated 8/18/2009 about Order Terminating Automatic Stay. Can someone tell what this means and how much time do I have before Im thrown out of the house.
If you were behind on the house payments, and you were in foreclosure before filing, the BK filing would have meant they had to wait for discharge and close to continue with foreclosure proceedings. So, since you are now discharged, yet I am assuming not closed, they are wanting to go forward with the foreclosure process. You filed against them I assume since there was a stay. I hope you knew that filing BK and being behind on payments would not save the house.
Unsure on time frame, but I think you will have a little time. Save money and find a new place, then walk away.
Filed Chapter 7 June 4 ~ 341 July 20 ~Last day of objections Sept 18~Discharged/Closed Sept 21
I was in foreclosure prior to filing bankruptcy which got dischared on 7/20/09
Well, that may compress some of the timeline, but no one can say with certainty, by how much. Foreclosures in Arizona take about 90 days (judicial) and then there can be a redemption period of 30-180 days. Don't ask me what's typical, because I don't know.
You will be fully aware of the progress as that would be handled in your local courts. I would think that you have a minimum of 90 days, and as much as 180 days. Of course, this depends on the lender actually pursuing foreclosure at this time, as many lenders have been really slow lately.
Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10) Status: (Auto) Discharged and Closed! 5/10
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Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.
Mortgage company filed a Motion for Relief from Stay; but the court is so backed up that the debtor was discharged before the order granting relief from stay was entered.
I understand, just worried about being evicted with no notice and being locked out with everything inside.
You'll know with plenty of time when you need to leave.
Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
Eviction is a legal process that takes time. We don't live in the old USSR. No one will show up in the dark of night and ferry you off...well unless you are Elian Gonzalez and Janet Reno is the head of law enforcement.
Well, I did. Every one of 'em. Mostly I remember the last one. The wild finish. A guy standing on a station platform in the rain with a comical look in his face because his insides have been kicked out. -Rick
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