Bankruptcy Law/Chapter 7

Advertisement

Expert: - 9/8/2008


Question
I live in the state of Ohio.
I currently am behind on all of my credit cards. I have not paid my mortgage or Equity loan since June. I received a complaint from the court for my discover card. I was asked to respond within 28 days.
My household income qualifies me for chapter 7 without a problem.
I will be filing myself, I can't afford an attorney.
My questions are:
Once I file my bankruptcy papers, will the foreclosure (I have not received any foreclosure papers yet)stop until the mortgage is discharged?
How long typically can I stay in my home after the bankruptcy discharge?
After receiving the complaint letter,after 28 days, can they file an immediate garnishment.Or will a court date be scheduled?
Thanks!

Answer
Assuming proper notice is given, the foreclosure process will have to stop until the automatic stay in your bankruptcy is terminated (either by court order, or after your case is closed).  How long you can stay in your home, and what post-foreclosure remedies are available to your mortgage creditor depends on the laws of your state.  You need to consult with an Ohio attorney about that.

Bankruptcy Law

All Answers

Answers by Expert:

Ask Experts

Volunteer

Mark J. Markus- California Bankruptcy Attorney

Expertise

Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

    • ©2012 About.com, a part of The New York Times Company. All rights reserved.