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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 11-17-2002, 03:27 PM
DGCooper
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Unhappy

Idaho Bankruptcy


What is the name of your state?
I just moved to Arizona by way of Idaho

I was sent a foreclosure notice by an attorney
and have 30 days to respond or pay my mortgate up in full
which is past due $3000.00. I lost my job and can't do that.
My question is if I file a Chapter 13 or 7 will that delay the bank coming after me and locking up the house? I need some time
to go back up there and get some personal items I left behind

I also just found some renters but they are only paying 1/3 of my mortgage payment over the last 3 months. It was the best I could do, jobs up in that areas are not in supply,
and wages are low. I have a for sale sign but no takers
I estimate what I owe $116,000-- basically what the place is worth, no equity.

I just want some time to get my things and let the renters know
they have to leave. Will filing a chapter 7 or 13 help?

Thank you.

DGC
  #2  
Old 11-17-2002, 05:00 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Filing bankruptcy of any sort will stop the foreclosure process immediately. However, its not unusual for morgage lenders to petition for a relief from stay so they can proceed with the foreclosure. I'm not sure how many actually get that relief, but its a possible scenario. It should buy you enough time to get things in order.
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  #3  
Old 11-18-2002, 01:16 PM
DGCooper
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Posts: n/a
Unhappy

bankrupcy


Thank you for the information Ladynred.

Would you venture to guess how much time a Chapter 7 or 13 buys me?

Also, do I file in the state (Idaho) where my home is located
or can I file where I now live in Arizona?

Thank you again.

DGC
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