Legal Question in Bankruptcy in Illinois

The foreclosure sale is on my house monday at 9:30. I filed an emergency motion for a stay which the judge will hear also on monday right before the sale. I have my bankruptcy papers prepared and ready to file if the stay is denied. My problem is Iam required to be at court for the motion for the stay that in quincy il. The federal bankruptcy court where i have to file the bankruptcy papers is in springfield illinois 2 1/2 hours away. the courthouse for quincy does not accept bankruptcy paper. im not an attorney so i was told i cant electronically file them and finally from every thing i have read is the bankruptcy has to be filed before the sale. PLEASE ANY SUGGESTIONS! I have no one that canbe in springfield for me to say file the paper and fax me the comfirmation to take to the jud

Asked on 3/29/14, 7:32 pm

2 Answers from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Hire a lawyer to file electronically if necessary. Or hire someone to file the papers in Springfield and call you with the case number.

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Answered on 3/29/14, 7:36 pm
Joseph Michelotti Michelotti & Associates, Ltd.

you are better off spending your time filing the bankruptcy "papers" You will receive an automatic stay. The foreclosure judge cannot do anything until there is a resolution in the bankruptcy case. once the house is sold, you have no right to get it back.

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Answered on 3/30/14, 2:48 pm

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