Automatic Stay Hearing

[Newstart10]

Does anyone know if the trustee gets involved at all in a automatic stay lifting hearing for a foreclosure. I am surrending my property and not showing up for it. I saw my trustee is listed on the order with my lawyer and myself.

Does the trustee do anything or just ignore it if during the 341 it was decided that I am way underwater and that surrendering makes tons of sense.

Since the stay hearing is next week will that delay my case being considered a no distribution case. I had my 341 yesterday.

[justbroke]

Does anyone know if the trustee gets involved at all in a automatic stay lifting hearing for a foreclosure.

Not unless the Trustee disputes the relief, because the Trsutee wants it for themselves! The Trustee will usually file an Answer to the Motion giving their Consent. Remember, your property is actually administered by the Trustee, so the Trustee has some rights if they want to keep the property for some reason... such as selling it or avoiding an improperly recorded lien, and then selling it free and clear.

Does the trustee do anything or just ignore it if during the 341 it was decided that I am way underwater and that surrendering makes tons of sense.

As stated above, the Trustee usually files a Consent.

Since the stay hearing is next week will that delay my case being considered a no distribution case. I had my 341 yesterday.

No, this doesn't affect your 341 Meeting, discharge, or closing. It's a procedural matter for the creditor/lender.

[momisery]

My trustee turned it down the first time it was filed right after our 341 hearing. I think he needed time to review everything. We have two houses and the rental is now going to have the hearing. I will be glad to get my name off of it because the insurance is coming due again. The one we live in we are also giving up, they have not refiled for a motion, but they did send a collection agency letter that we gave to the attorney. We will discharge on the 28th of this month, so I will be so happy to not have to worry about all of this anymore. I still don't know if we will have to move soon or not, it depends on BOA and what they do next.