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Answering RELIEF FROM STAY

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    Answering RELIEF FROM STAY

    Looking for some advice on the best way to proceed. Just had our 341 meeting (Ch7) last week and were told it would be a couple of months to discharge. We are not re-affirming the house. Today, we recieved the expected RELIEF FROM AUTOMATIC STAY documents filed by opposing counsel. We have 20 days to answer. We want to prolong our stay in the house as long as possible for financial reasons. What is our best course of action? I intend to answer, but are there any pointers on compiling the answer and the reasoning that the court might accept not to grant the relief?
    Just as a side bar to this: Just for filing the relief of stay motion, the attorneys have racked up another $700 against us--which is ridiculous since they won't be getting it from us and secondly, if they just wait a couple of months, they can proceed with the foreclosure anyway. This just seems like a huge waste of the courts time.
    Thanks for any help or guidance you can provide. We're in Florida (and can't wait to get out!)

    #2
    If you're allowing the home to go into foreclosure or have surrendered it in your BK, then there isn't much you can do to prolong the process. You need to have GOOD REASON for contesting the relief from stay. Otherwise, don't waste your time showing up at the hearing and making any case to prolong.

    In any case, the relief form stay is part of the process and most lenders will file a motion to lift the stay once the 341 hearing has concluded in order to procedd with the foreclosure process. You could still be in the home for several months to a year......rent free. Lenders and banks are slammed right now with foreclosures and modifications and I would bet that your mortgage is not at the top of the pile.
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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