Is there anyway to save my house once goes to sale,if abankruptcy was filed before final date?

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Is there anyway to save my house once goes to sale,if abankruptcy was filed before final date?

My lawyer dropped the ball by not filing my bankruptcy in time. 08/10 was the date of sale, and 08/20 was final date. My lawyer filed on 08/19. They got a stay, however the banks attorneys immediately filed to get that lifted. My lawyer has not been helpful at all. They told me I hired them for bankruptcy not foreclosure. My house was not in foreclosure when I hired them, but as soon as it was, I notified them to see what action I should take. Never could get a good answer, their answer was we still have time. Trustee meeting has already happened. Filing Chapter 7.

Asked on December 2, 2010 under Bankruptcy Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok so when did they tell you that you "still have time?"  Recently?  Because if you still do have time I would go and see an attorney that specializes in real estate as soon as you possibly can.  When was the stay lifted?  In August?  And what other notifications have you gotten?  You need to call the bank as well as soon as you can and find out where in the process you are.  The bankruptcy attorneys should have at least had the courtesy to make the initial calls and to make sure that you were covered by getting another attorney involved to help you.  It may not be malpractice but it certainly is not good practice.  Good luck.


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