Personal Bankruptcy CA Bankruptcy Timeline (with household)

Status
Not open for further replies.

dazowak

New Member
This scenario assumes the following: 1. the lien holder will not petition the motion to stay; file a relief.

Good evening; we have filed, court date middle June. Our home is included within the BK (chap 7) and was told today, we have 90 days from the court date to live in the home. Assuming today is the 90th date after the court date, the BK has now publicly posted, how many days do we have in the home?

So the do gooders have some peace; I was laid off Dec 2009, applied for 1,103 jobs, and have been on 10 interviews. I was hurt and bed ridden for 7 weeks in July 2010. Started school Sept, had to fork out $4,000 to cover student loan default and $2,200 student loans didnt cover. We are collectively washing our debts including our home. We have asked the lien holder for help, explaining circumstances, they would not budge. We are a cash purchase, non-refinance, homeowners that did NOT, accept an ARM (traditional 30yr-fixed from the start) - made our payments easily and on-time for four years (48 payments). Our financial situation is a proven hardship - that's it. Six months post being laid off, credit history was flawless. Thirteen months post laid off, house was given notice of foreclosure and our first threatened wage garnishment arrived. Would've like to stay in the home, can actually afford the payments now, but impossible to make current. < - that is what lien holders need to help with. In other words, in one of our attempted 'modification' I wrote a certified letter with references saying that we wanted rears placed within the loan, a new loan amount and we'll continue paying; we cannot afford a lump sum rears catch up. The response, 'adequate income to make payments' - well, no shi3t - I can make the payments moving forward. What I cannot do is catch up the rears.
 
This scenario assumes the following: 1. the lien holder will not petition the motion to stay; file a relief.

Good evening; we have filed, court date middle June. Our home is included within the BK (chap 7) and was told today, we have 90 days from the court date to live in the home. Assuming today is the 90th date after the court date, the BK has now publicly posted, how many days do we have in the home?

So the do gooders have some peace; I was laid off Dec 2009, applied for 1,103 jobs, and have been on 10 interviews. I was hurt and bed ridden for 7 weeks in July 2010. Started school Sept, had to fork out $4,000 to cover student loan default and $2,200 student loans didnt cover. We are collectively washing our debts including our home. We have asked the lien holder for help, explaining circumstances, they would not budge. We are a cash purchase, non-refinance, homeowners that did NOT, accept an ARM (traditional 30yr-fixed from the start) - made our payments easily and on-time for four years (48 payments). Our financial situation is a proven hardship - that's it. Six months post being laid off, credit history was flawless. Thirteen months post laid off, house was given notice of foreclosure and our first threatened wage garnishment arrived. Would've like to stay in the home, can actually afford the payments now, but impossible to make current. < - that is what lien holders need to help with. In other words, in one of our attempted 'modification' I wrote a certified letter with references saying that we wanted rears placed within the loan, a new loan amount and we'll continue paying; we cannot afford a lump sum rears catch up. The response, 'adequate income to make payments' - well, no shi3t - I can make the payments moving forward. What I cannot do is catch up the rears.

No one can say how long you have with any certainty.

The hammer could fall any day.

That said, it could be weeks, even months before they come, IF they come.

I know of people in similar positions that have been waiting for 18-20 months.

If I were in your position, I'd have been unable to endure this torture for so long.

I'd have walked months ago.

I probably wouldn't have tried to save my home.

Good luck to you.

I can offer one more insight to you.

The signature mill fiasco regarding big home lenders has stalled foreclosures, somewhat.

It could buy you more time.
 
So to clarify, you know of people, or have heard of, or know of proven cases, where people had filed for Chap 7 BK and have stayed in their homes after the court date/official public registry?

In all, for us, it has been 10 months since we have paid any monies toward the first trust deed. I had been paying on the second, cash purchase loan until December when I got notice of Foreclosure.

Are you saying stop payments 18-20 months long or from BK filing/recording?

....and saving the house, yeah understood. We're looking at paying $1500 rent or possibly recovering our home for $1800 PITI each month. And plus, it's were our babies have grown up, so the sentimental hurdle is scary.
 
I'm not advising you to do anything.

I'm only reporting what I have observed or what I have personal knowledge about.

Just anecdotal references, nothing more!
 
I'm not advising you to do anything.

I'm only reporting what I have observed or what I have personal knowledge about.

Just anecdotal references, nothing more!

"Are you saying stop payments 18-20 months long or from BK filing/recording?"

I understood that......and maybe should've written this a little more clear; I guess the rest of the information from my post didn't clarify this either? Parts about "the we have filed for bk and already have a court date".

I wasn't asking for your advice. I was merely clarifying your original statement of "18-20 months" and whether that was applied to 1. last payment made or 2. bk court date or 3. from public recording.

And whether the references we personally witnesses or second hand information.
 
Last edited:
Status
Not open for further replies.
Back
Top