Legal Question in Bankruptcy in California

motion for releif of stay

I filed chapter 7 and have a home which I am giving up. The mortgage company has filed a motion for a relief of stay.

I cannot afford the home and I am behing in my payments. I have vacated the property. The court has set a hearing date.

My questions are--Do I need to file a oppostion to the relief? Do I have to attend the hearing and can the court make me continue to pay on the property, which would put major hardship on myself.

Thank you


Asked on 7/06/08, 11:33 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: motion for releif of stay

The bankruptcy will take care of any personal obligation you have on the promissory note. The bank's only remedy would be to pursue foreclosure on the deed of trust and they are requesting permission from the court to do so. The court would only require you to pay on the property if you intended to keep it. Attending the hearing might wise just so that you keep informed of what is going on with property. You should also ready the court paperwork carefully to see if you have been ordered to attend.

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Answered on 7/07/08, 12:29 am
David Gibbs The Gibbs Law Firm, APC

Re: motion for releif of stay

You do not need to oppose the motion - they are seeking permission to complete their foreclosure. The court generally won't (in a chapter 7) force you to start repayment - once the lender has relief from stay, they will proceed with the foreclosure.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 7/07/08, 1:03 pm


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