Jonathan David Warner's answer You - not the Trustee - should be taking the lead on this one. My assumption is that you do not have an attorney at this time, given your reliance upon the Trustee to remedy your situation.
Do yourself a favor... hire an attorney who knows exactly how to fix the situation. It will probably cost some money - but, then again, it's worth it if your house is at stake.
Jonathan David Warner's answer You'll need to refinance the house, as this is the only way to do so - absent selling the house. Banks generally won't perform Mortgage Assumptions, absent a specific Order from a Court.
Contact an experienced attorney if you're looking to go the Assumption route...
Jonathan David Warner's answer Not necessarily. This is not an easy question to answer, even with all of the relevant information before the attorney. My assumption is that you do not have an attorney. Your best avenue of relief is to hire one who is extremely familiar with Motion practice and Bankruptcy litigation.
Jonathan David Warner's answer No, there is no time limit in relation to how long the foreclosure case is allowed to last for. Consider retaining an attorney, as I have to assume that you do not have one, based upon the nature of your question.
Jonathan David Warner's answer It will probably be adjourned in contemplation of subsequent Dismissal. With this being said, your daughter should hopefully learn a valuable lesson from this experience... otherwise, the second time may not turn out so well.
Nonetheless, she should hire an attorney or take advantage of a public defender, if one is available for her.
Jonathan David Warner's answer The answer is "yes". Your son signed an agreement, and the State of New York is seeking to enforce the agreement. The good news is that this debt is dischargeable in Bankruptcy, if that is what your son is seeking to do.
Jonathan David Warner's answer They haven't willfully violated your stay protection if they were not noticed regarding the commencement of your Bankruptcy case. This is clearly spelled out under Section 362 of the Bankruptcy Code.
As to what happens after the Discharge Order, no, you will not be protected. Your liability connected with the mortgage will be gone, but your home can still be foreclosed (though it sounds like it already may have been foreclosed). Truthfully, there are way too many considerations to...
Jonathan David Warner's answer That depends on whether there is non-exempt equity in your home. If there's another few thousand dollars of equity that is not exempt, or more, the Trustee may move to sell the house.
The issue, here, is that you cannot simply Dismiss your Chapter 7 case voluntarily. If the Trustee moves to sell the house, your sole, realistic avenue of relief will be to Convert your case to a Chapter 13.
Either way around, you should really consider hiring an attorney, based upon the relatively...
Jonathan David Warner's answer No, not generally, but sometimes a Judge will grant some *limited* timeline (a few weeks, maybe) for you to vacate the property.
For what it's worth, and with all due respect, this is almost definitely not the first notice you've received. If you want to protect your children, it's best not to ignore these Court notices and to move out of your home quickly. While moving is not always easy, it's better to do so on your own terms - and without the Sheriff's deputies forcibly evicting you...
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