Legal Question in Bankruptcy in Maryland

Re: default after bankruptcy

There is no specified time in which the attorney can file a lift stay motion, either by law or by the Note, unless you have an agreement with them from a prior default. It really depends on the attorney. They will most likely send you a letter advising you that you are in default, and may give you the opportunity to cure it. I've seen many of them get lift stays right away, but then not actually file the foreclosure and/or advertise the home for sale for many, many months . . . or they may not file the motion for many months. Others do it very quickly. If you wish to keep your home, remember that just because a motion has been filed doesn't mean that it will be granted. You may be given a second chance if you can make up the arrearage over a reasonable period of time . . . or you can show up at the auction and tender payment in full to bring it current. There could also be a possibility of refinancing your loan, depending on how much equity you have, how long you have been in the Chapter 13, and your payment history. Feel free to contact me with other questions.

Carolyn G. Krohn

60 West Street, Suite 220

Annapolis, MD 21401