Legal Question in Real Estate Law in Ohio

bankruptcy and right of redemption

My home was sold at the sheriff's sale. My attorney filed a motion to have the sale set aside because I had originally had a buyer for the house. During this stay I filed chapter 13 and included this home in the debts I wanted to reaffirm. Will this be binding and result in being able to keep my home and reasffirm the debt since it is within the redemption period?


Asked on 1/09/08, 4:38 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: bankruptcy and right of redemption

Dear Inquirer:

Your Attorney should also file for an automatic stay provided by law, by reason of your bankruptcy filing. However, such stay may not be available for you personally unless you filed under Chapter 7 of the U.S. Bankruptcy Code which provides:

An automatic Stay of Proceedings is in effect pursuant to Section 362 of the Bankruptcy Code. This Section provides:

(a) �petition filed under Sections 301, 302, and 303 of this title operates as a stay to all entities of:

(1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other proceeding against the debtor that was or could have been commenced before the commencement of the case under this title or to recover a claim against the debtor that arose before the commencement of the case under this title;

(2) the enforcement, against the debtor or against the property of the estate, of a judgment obtained before the commencement of the case under this title.

Consult an experienced Attorney ASAP to protect your rights.

Good luck.

Sincerely,

J. Norman Stark

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Answered on 1/09/08, 5:24 pm


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