Huron, CA Bankruptcy Law Firms & Lawyers

The bankruptcy discharge should have stopped the credit reporting of the mortgage note. Pull your credit reports to see if the house appears. You should explore options with the lender such as modification (HAMP or Traditional), short sale, deed-in-lieu, or a program called HARP (to refinance an upside down mortgage). Also, there are a few HUD mortgage programs available to people who have been foreclosed.

The bank wants permission to foreclose from the bankruptcy court. That doen not mean the will foreclose right away but they will be able to do it on 21 day's notice. They might already have a foreclosure date set. If you plan to be out by April 30th it should be no problem even if the bank sells the property quickly. You should not sign anything.

The filing of your bankruptcy petition resulted in an automatic stay under the Bankruptcy Code prohibiting anyone from attempting to collect a pre bankruptcy debt against you without first obtaining relief from the automatic stay. The Bankruptcy Code expressly provides that an individual injured by any willful violation of the stay shall recover actual damages, including costs and attorneys' fees, and, in appropriate circumstances, may recover punitive damages. It is the practice at our Firm to first contact the offending creditor and confirm in writing the filing of the bankruptcy and the resulting automatic stay. If the creditor continues to attempt to collect the pre bankruptcy debt, our Firm would then file a motion for contempt for violation of the automatic stay.