foreclosure and chapter 13

[anncraf]

We have a court date on the 2nd for a motion/judgement. Should we go to court and tell the judge that we are in the process of filing a chapter 13?

[anncraf]

Guess I should explain a little. Our house is in foreclosure since being turned down for a loan mod. So we have decided to file a chapter 13, we have already retained a bankruptcy attorney. We have a court date on Monday for them to get a sale date I assume. The attorney said we didnt need to go, but my thinking is why not go and let them know that I do not want to lose my home and to tell them that we are in the process of filing a chapter 13. Was just wanting to know if anybody has any suggestions on what to do>

[papie]

***this is not legal advice, just my own personal experience...***

We were in the same situation and we did not attend the court date. Our lawyer told us we didn't need to attend, so we didn't.

And honestly, they're probably already aware that you don't want to lose your home and they don't care about a bankruptcy that hasn't been filed yet, and when it is filed, they will know.

I don't really see the point in attending, personally.

[goon]

What my lawyer told me (and what seemed to be my experience) is that creditor wise nobody cares that you are filing until you have filed and have a case number.

[lindadale]

Once you file for bankruptcy you shouldn't have to go to court. If you're concerned have your bankruptcy attorney call the law office representing the lender and give them your case number. That's why you hire a bankruptcy attorney to represent you. The automatic stay will be in place and if your home is in foreclosure, the sale should stop. There is no need to go to court on any lawsuits after filing bankruptcy. Good luck