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  1. #1
    Join Date
    Aug 2005
    Location
    ohio
    Posts
    10

    Default Chapter 7 and Security Deposits

    Mortgage company filed to foreclose. We filed chapter 7 and last week we paid a security deposit on a house because we were worried about being evicted shortly after the 341.

    I was told that I didn't need to worry about it because it was paid after the filing. Is this true.

    We don't want to lose the deposit because we will lose our current home.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Foreclosure, Eviction and Bankruptcy

    You mean, you are concerned about being evicted from your present home due to the mortgage foreclosure? Following the filing of your petition, the automatic stay will prevent an eviction on the basis of the foreclosure, until the stay is lifted - which would typically occur either upon a successful motion from the mortgage lender (which would be an unusual request in these circumstances) or at the conclusion of the bankruptcy.

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