Legal Question in Bankruptcy in California

Bankruptcy

Our house was in forclosure, we filed a Chapter 13 BK on the morning the house was due for the forclosure sale, now the bank gave us a new sale date which is in 2 weeks, we want to convert to a Chapter 7, how long after the conversion will we have to leave the home is it days or months?


Asked on 10/25/07, 11:17 pm

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Bankruptcy

You leave out important information. If you're still in Chapter 13 and the bankruptcy court has not granted the creditor leave to pursue foreclosure, they cannot do so. If they did get the court's blessing, then they will give you a 3 day notice to leave. If you don't, they will have to go to state court to get a judgment against you for possession (unless they already have), and then the sheriff will come pounding on your door within a few days. These take a little bit of time, depending on how clogged your local state court is. I don't understand how a conversion to Chapter 7 will make a difference in the foreclosure, although it might help get rid of more debt if you no longer will qualify for a Chapter 13 for some reason. More info is needed.

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Answered on 10/26/07, 2:42 am


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