Legal Question in Bankruptcy in New York

Re: Notice of Motion for Relief from the Automatic Stay

Yes, you must go to court unless you get a notice of cancellation of the hearing. If you do not show up, the court is very, very likely to issue a "default judgment" against you and you will have only the recourse of appeal.

Whether or not you lose your house depends on many factors, especially in Chapter 7, all of which your attorney can explain to you. If you filed without an attorney, hire one NOW. Bankruptcy is serious stuff. You wouldn't try to perform brain surgery without the best doctor you can find, right? Nor should you represent yourself in a bankruptcy action. You can financially kill yourself with a mucked-up bankruptcy filing, just as surely as you could kill your physical being by trying to do brain surgery on yourself.

Make sure the attorney is geographically close by to you and you feel comfortable with him/her. The NYS Bar Association (www.nysba.org) is a good source for referrals if you need one, as may be your local county bar association.

Good luck.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.