I am a Southern California bankruptcy and immigration attorney. Helping good people through bad times is my passion, and the reason I became an attorney. I have filed hundreds of Chapter 7 and Chapter 13 bankruptcies, and numerous successful visa and naturalization applications. I am honored to use my knowledge and experience to assist you.
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- Q. What form do I need to send a creditor when amending my schedule F?
- A: This answer will depend largely on the local rules for the District that you filed your case in. It will also depend on which Chapter of bankruptcy you filed, and whether it was an asset case. Assuming you filed a no asset Chapter 7 bankruptcy, you will generally need to serve the creditors with a filed copy of the Schedule F (generally filed with an Amendment Cover Sheet and $26 filing fee), and a proper proof of service. There are also additional documents that must be filed with the Court (ie. amended creditor matrix). Again, this is very case and district specific, so please consult your local rules and/or court clerk.
- Q. CAN BANKRUPTCY STOP AN AUCTION PROPERTY SALE
- A: Bankruptcy creates an automatic stay that serves to immediately stop, or put a hold on, all legal actions and proceedings as of the DATE OF FILING. This includes a pending foreclosure sale. However, the length of time that the sale is stopped for depends on the Chapter of bankruptcy that is filed. A Chapter 7 will most likely only temporarily stop the sale from occurring (as long as it is filed prior to the sale date and the auction Trustee is properly informed), while a Chapter 13 may permanently stop a sale from occurring (given that you are addressing the mortgage arrears through your Chapter 13 reorganization plan). Time is of the essence in this situation though, because if the property sale occurs, the bankruptcy may not be able to assist you.