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What if we move during a Chapter 7

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    What if we move during a Chapter 7

    We are surrending our home and will obviously need to move. What happens if we move before our 341 meeting, (we are filing tomorrow)?

    Do they frown on that sort of thing? I do have a feeling the mortgage company will file a motion to lift the stay and I don't want us to be caught without a place to live.

    Sorry for so many questions

    #2
    The time from them filing a motion to lift the stay, to you actually being evicted, is plausibly a long one indeed. Still, this is a procedural question that your court will be able to answer: it's no big deal, but certainly you must make sure that the clerk somehow notes the change of address so that you can be properly served with notices.

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      #3
      Obviously it varies somewhat district to district and state to state but basically you just need to keep the court informed of your address so they can get notices to you. If you have an attorney they can handle the amendments for you. If not you need to make them yourself.

      But as MTBC said, it's a long haul from filing to the point you'd need to move. The lender has to get the stay lifted, that's a 1-2 month process depending on the court calendar.

      Then they need to evict, and depending on your state laws and how far they had gotten in that process it could add up to 3 or 4 months more.

      And then in theory you could hold out for eviction.

      Bottom line you've got plenty of time

      And as always this friendly advice is worth what you paid for it. It's not legal advice since I can't do that in SC. But you should be fine.

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        #4
        I moved. In fact I had to fly from Michigan to Santa Barbara to go to my 341 hearing. No big deal.

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          #5
          thanks for the responses.

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