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  1. #1
    Join Date
    Jan 2016
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    2

    Default Can You Get a Bankruptcy Stay Reinstated After Discharge

    My question involves bankruptcy in the state of: Pa.

    My 7 was discharged 11/2014. Subsequently because of Pro Se motions I have delayed sheriff sale until 1/28/16 and during the motion process has gotten documents produced that shows the wrong US Bank Trust for a Mortgage Backed Trust got the stay lifted in 11/2014. Can I go back to Bankruptcy Court and get the stay reimposed?

  2. #2
    Join Date
    Sep 2005
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    Default Re: Can You Get a Bankruptcy Stay Reinstated After Discharge

    Talk to your bankruptcy lawyer.

    The automatic stay would have been lifted when your bankruptcy case was closed, so if that has happened there's simply no way you are going to get a post-discharge stay against your mortgage lender. If your case has not been closed, your lawyer can help you figure out why the wrong entity was involved in your bankruptcy, and whether you can try to prevent foreclosure by the actual lender.

    You apparently chose not to reaffirm your mortgage, so if you're not making your mortgage payments or if your lender wants you out, once the stay is lifted they can proceed with foreclosure.

  3. #3
    Join Date
    Sep 2010
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    478

    Default Re: Can You Get a Bankruptcy Stay Reinstated After Discharge

    Mr. K is correct. Upon entry of the discharge the automatic stay against you ended. Upon either the abandonment of the property by the Trustee, if done before the case was closed, or the actual closing of the case ended the stay against the property.

    You could file a Chapter 13 before the completion of the foreclosure in an effort to save the home but you better talk to a local bk attny first. The Chapter 13 would require you to resume payments and cure the default over the life of the Plan. Please understand. . . your "show me the note" claim will have little success in the bk court and IMHO will only delay the foreclosure assuming you fail to "cure and maintain" as is required under bk law.

    Des.

  4. #4
    Join Date
    Jan 2016
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    2

    Default Re: Can You Get a Bankruptcy Stay Reinstated After Discharge

    Thank you both for your answers. The Sheriff Sale isn't scheduled until the end of Jan. Since the wrong Trust got the judgement under Pa. law can I get the Judgement Vacated because the wrong Trust was used. When the lawyers learned of the mistake they filed a Substitute Party Plaintiff motion. My local judge doesn't seem to understand Securitizations' of mortgages.

  5. #5
    Join Date
    Sep 2005
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    98,846

    Default Re: Can You Get a Bankruptcy Stay Reinstated After Discharge

    If the court in the foreclosure case accepted the substitution of parties, then the error has been corrected.

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