Legal Question in Bankruptcy in California

are lawer did not extend the stay on are chapter 13 and the property was sold with out notice to the lady who held the refinance pappers and now there trying to say we have move and we didnt even know there was a sale


Asked on 4/12/11, 11:07 am

1 Answer from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

It might be that you filed several bankruptcies to protect the house. Unfortunately, the automatic stay might no longer attach, depending on the number of bankruptcies filed. You should have received notice at some point of an unlawful detainer (eviction) lawsuit having been filed against you in superior court. If you never received a summons and complaint, you might wish to locate a local attorney who could help you file a motion to set aside the default and default judgment, to mount a defense on your behalf, and to consider other options to protect whatever rights you might still have in keeping the house and/or having the foreclosure sale reversed.

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Answered on 4/12/11, 6:10 pm


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