Expert: Mark J. Markus- California Bankruptcy Attorney - 12/1/2009

Question
QUESTION: Have a home involved which I do not intend to keep..what is the procedure from here out?  Will I be notified of the "stay lifting procedure or hearing"? What happens next? How long do I have? Can they put it on the market with me in it? At what point do I recieve a 3 day notice Please respond

ANSWER: If they seek to foreclose during your bankruptcy case you will be notified of any relief from stay motion being filed.  As far as how long and what procedures, that depends on the foreclosure laws of whatever state the property is located in.  You did not provide that information.

http://www.bklaw.com/

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QUESTION: I am in California as well as the home (Townhouse)If they don't do they do the same procedure afterwards? Do I attend it? Then what? I also incurred a hospital bill before the filing, how do I include it? I have nowhere to go, so these questions are important...perhaps I can pay a little for advice or maybe you can direct me to help? I sincerely appreciate your time  Bless you!

Answer
In California 99% of foreclosures are done nonjudicially.  They commence by recordation of a Notice of Default.  3 months later the creditor can publish a notice of sale with 21 days' notice.

To evict you, after they foreclose, they must go through an unlawful detainer action, which commences with the 3-day notice.  

These are all non-bankruptcy questions, so if you have further questions you should consult with either a real estate attorney or a landlord/tenant attorney depending on where in the process you are at the time.