Serve with Summons-Foreclosure

[UpToMyNeck]

We filed Ch-7 on 10/31/09 and were served with Summons on 11/2. We are surrendering the home in the bankruptcy. We are currently living in the home and hope to stay a few more months. The Summons states we need to answer or motion in response to the complaint within 30 days. Our court date is 1/15/09. Does this mean we have to contact the attorney and we also have to go to the hearing?

[StartingOver08]

Have your BK attorney send the Suggestion of Bankruptcy to the F/C attorney. Your BK attorney may need to amend your schedules anyway to reflect F/C status of the house.

You probably do not have to attend the hearing once you notify the attorney of your BK. Fortunately you filed just before the summons so you are in the automatic stay period and the lender will have to lift the stay to continue the foreclosure. Even if you are surrending the house, they will either lift the stay or wait until your discharge to continue the foreclosure.

[UpToMyNeck]

**Correction on our Court Date it is set for 1/15/2010**

[AngelinaCatHub]

**Correction on our Court Date it is set for 1/15/2010**

By that time, you will be nearly 2/3rds through. You won't have to go to the hearing as they will get their Judgment anyway. The house is the Judgment really, and the mortgage will be discharged in the bk. 'Hub


Edit: To clarify, the suit and hearing will be set aside, the mortgage company will do it's normal thing and ask for lift of stay and repo your house.

[awayalways]

OP I would answer the summons listing the date you filed BK7 and attach a copy of the notice of stay and mail or deliver it to the county clerk at the court house. You should have another 90 days or more since you just filed BK.

[UpToMyNeck]

Thank you all for your replies. I cannot tell you how much your concern and support means to me. This is such a scary process to go through. I can hardly wait until it's all over and life feels normal again.