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No problem..

Posted by Ward-CA- on June 13, 2003 at 7:11 AM

In Reply to: Re: Delaying the foreclosure sale date... posted by jim gibson on June 13, 2003 at 0:30 AM

: WARD,MY MOTHER IS IN HOSPTIAL IN TEXAS.THE PROPERTY IN QUESTION IS IN CALIF. SALE IS SET FOR 18TH JUNE!
: IS IT POSSIBLE TO FILE THE EMERGENCY CHAPTER 13 WITH HER OUT OF STATE AND IN HOSPTIAL AT THIS LATE DATE?

=?=?=?=?=?=?=?=?=?=?=

Jim,

All you need to do is go to the federal courthouse that is nearest to the CA property and get the paperwork necessary to do an emergency bankruptcy petition in Chapter 13.

You can fill out the required sections for the emergency filing and indicate to Mom where to sign. Use the CA property as her address on the petition. Send the petition to her by Express Mail along with a pre-paid, return Express Mail envelope that is addressed to you.

Once she has signed the various pages making up the emergency petition, have her put it into the return envelope to you. When you receive it check it over for any errors and when satisfied that it is OK make the copies required by the local bankruptcy court.

Take EXACTLY $185.00 in cash along with the petition and the required copies and file it at the bankruptcy court nearest to the CA property, prior to the scheduled foreclosure auction.

And that is all there is to it.

About 2 hours after the scheduled sale took place call the foreclosing trustee, or the lender if that is more convenient, and tell them that as a matter of courtesy, you would like them to know that the bankruptcy petition was filed. Give them the date, filing # and time, and the location of the bankruptcy court where the filing took place.

That will give you a minimum of 7 more weeks to solve the foreclosure problem.

By the way, just do the initial bankruptcy filing. Do not bother to complete the whole filing.


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