Q: I went thew a foreclosure and filed Chp.7 bankrupcy after a LLC filed a referee deed on my property. They are not on my
Matrix list and they are trying to evict me from my home and remove the Automatic Stay. Should I add them to the Matrix list, even though I do not owe them nothing? They have already violated the Stay, and if I add them will i still be protected after the discharge order from them evicting me?
A: You should reopen the bankruptcy, amend your schedules and matrix to add them, and then you will have protection from them, assuming their cause of action was prepetition.
Jonathan David Warner agrees with this answer
A: While relief from the stay is required to evict you, you will lose and you will be evicted. You have a limited time to try to negotiate a move out and get some cash to move out.
Jonathan David Warner agrees with this answer
A:
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 review, in terms of determining whether you're eligible to enjoy protections of the Automatic Stay... you should really be consulting with an attorney regarding this matter.
Anyway, it sounds like you're trying to do this yourself. If your house is at risk, I wouldn't recommend this route. Do yourself and hire an attorney - though it does sound like you may have filed too late.
Good luck.
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