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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 10-30-2001, 01:47 PM
kevinandleigh
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Can they take the house


Hello my name is Kevin Williquette. I live in manitowoc, WI. Here is the story. There was a forclosure on my parents home. Then they filed bankruptcy. The mortgage company which is called Equicredit withdrawn from the forclosure. Then my parents went to court with the bankruptcy. My question is : Does Equicredit have a certain amount of days to take the house? On the bankruptcy papers it says :

I understand that 521 (2)(B) of the Bankruptcy Code requires that I perform the above stated intention within 45 days of the filing of this statement with the court, or within such additional time as the court, for cause, within such 45-days period fixes.


The above statement is: 1.I the debtor, have filed a schedule of assets and liabilities which includes consumer debts and secured by property of the estate.
2. My intention with respect to the property of the estate which secures those consumers debts is as follows

a.Propert to be surrenderd

Then it says the home address.

It has been over 60 days since the court date and now Equicredit is saying that they have never recieved any information about the bankruptcy until today which is 10-30-01, now they are saying the are going to send a letter to my parents telling us when we have to be out. There will be a 30 day notice once that letter is recieved. We can't ask the lawyer that filed the papers because he seemed to dissapear and won't return my parent's phone calls.
  #2  
Old 10-30-2001, 02:11 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Then hire another attorney. I can't tell if the property must be surrendered to the BKCourt of the mortgage lender.
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