Re: [tips_and_tricks] Foreclosure & Bankruptcy
- All bankruptcy is in the federal venue. If he dropped the bankruptcy he is back where he started.
Sure hope someone can help me with this… I have a friend who was/is attempting to fight his bank (mortgagee) for fraud well he lost due to the Judge allowing summary judgment. He then filed for bankruptcy (13) for the express purpose of having his foreclosure halted and in fact the foreclosure was effectively stayed. But then he transferred his bankruptcy case to continue the fight for fraud in the District Court (Federal) and he has now become the plaintiff. My question is this: is the foreclosure case still stayed or has it been reactivated due to his act of moving his case into the Federal venue?
- You need to get back into the bankruptcy court(Reopen the case) then do what's explained in this previous posting
He should have stay in bankruptcy court, did a contested matter under rule 9014 and challenged the mortgage with the holder in due course doctrine, then when successful go to District court for fraud.
Messagecontact Mickey at mickpoa@... He is fighting the fed res. for 15 years and winning.----- Original Message -----From: KnJSent: Sunday, October 05, 2003 10:14 AMSubject: RE: [tips_and_tricks] Foreclosure & Bankruptcy
Russell and All,
Thank you for your response. This is exactly what I have told him without being too critical of his mentor that is guiding him in his process. Do you know if there is a way for him to retract this move into District Court and get it back into bankruptcy court? This is a 75 year old couple that is in the balance of losing their home and having NO fixed income either! I am doing all that I can to help them with my limited resources all help is much appreciated!!!
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