Legal Question in Bankruptcy in Ohio

bankruptcy

My ex wife filed for chapter7 protect�on and included our joint real estate property as debt although she has not lived here for over 10 ye�rs. Recently i received something called a certificat�on of no responce to motion for relief from stay.

Pls explain what this means and if it has an effect on me keeping my property.

P.S. She also filed chapter 13 five ye�rs ago during that time i had to pay the court her share of the equity.


Asked on 7/08/08, 5:51 pm

1 Answer from Attorneys
Howard Levy Voorhees & Levy LLC

Re: bankruptcy

The filing of a bankruptcy stops most collections from creditors, including your bank on the real estate. The Motion for Relief from Stay permits the bank to continue collection action during the bankruptcy. The Certificate of No Response means that the motion to continue collectins was filed, no response was made within the timeframe permitted, and the court should now grant relief from the stay as to your ex-wife. There was no stay as to you.

The bank probably wants relief from the stay to go back into court and either start or finish a foreclosure on the property. Your ex-wife's Chapter 7 temporarily prevented that.

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Answered on 7/09/08, 4:34 pm


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