"How To Claim Surplus Funds From Foreclosure" Discussion
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Upsolve Community Member
2021-11-12
Hi folks: I asked this already in a private post, but can't figure out how to find the answer :-) Here's my question: now that I've filed, who exactly is it that issues that Automatic Stay order to the creditors? Is it the Court? Is it Upsolve? I assume it's not me. I haven't been able to find an answer to this in all my research so far. Thanks, Matt
Upsolve Community Member
2021-10-06
Hello Upsolvers! I’m one of the User Advocates here at Upsolve. I wanted to pass along a resource which you might find helpful :) There’s a new https://www.getctc.org/en (from The White House and Code for America) that helps families claim their Child Tax Credit benefits. This is a great place to check if you and your family may qualify and file the forms needed to receive payment!
Community Replies:
Upsolve Community Member
This is awesome, Claire! Thank you so much for sharing.
Upsolve Community Member
2021-11-14
I got a car from a tote the note place and they went out of business and never told me and kept accepting my car payment and they kept giving me temp tags for a year after I got the car. I had found out from getting pulled over that they where giving me dealers tags which is apparently illegal. I finally contacted the TxDMV because every time I asked about my permanent tags I would get the run around. The dmv investigated my claim and found out that the company has been out of business for some time now along with then surrendering their license and that they had never even filled my paperwork for my tags. I was then advised to start the process in obtaining my tags myself. Once I finished the process and received my tags and bonded title about 3 months after they came and stole my car. Please tell me this is illegal and I have rights? I have the title!
Community Replies:
Upsolve Community Member
Sounds like there's a lot involved here! This article has info on TX repo laws: https://upsolve.org/learn/texas-repo-laws/ Maybe you can get a free consultation with a local consumer protection attorney? This article has a link with some info on how to find a consumer protection attorney: https://upsolve.org/learn/how-do-i-find-an-affordable-bankruptcy-attorney/
Upsolve Community Member
Thank you!!!!
Upsolve Community Member
2021-11-23
How do I find out who my trustee is?
Community Replies:
Upsolve Community Member
When you file your bankruptcy paperwork at the courthouse they will assign you one on the spot.
Upsolve Community Member
Their name and contact information will also appear on the https://upsolve.org/learn/official-form-309a-no-proof-of-claim/ you'll receive from the court a few days after filing.
Upsolve Community Member
This is a great place to learn more too! https://upsolve.org/learn/what-is-a-bankruptcy-trustee/
Upsolve Community Member
2022-01-06
I'm going I to foreclosure of my home due to unpaid taxes. If I claim bankruptcy can I keep my home???
Community Replies:
Upsolve Community Member
Hi Tracy! Thanks for your question. Upsolve's Learning Center has a https://upsolve.org/learn/foreclosure/ that should provide helpful info. Another article: https://upsolve.org/learn/how-stay-in-foreclosed-home/ might be helpful too. NOTE: Upsolve cannot provide its automated services if you own real estate and is for filing Chapter 7 only (not 13). I hope the info can help you! :-)
Upsolve Community Member
The guides Mark listed will be super helpful to you, and I highly recommend you read them. If you have time, skim through https://upsolve.org/learn/can-bankruptcy-stop-foreclosure/. I think it will help answer your question.
Upsolve Community Member
Unfortunately, it depends- you might also find this to be a helpful resource: https://upsolve.org/learn/can-bankruptcy-take-your-house/
Community Replies:
Upsolve Community Member
Mathew - thank you for your question! The best thing about the automatic stay is that it's automatic. No separate action or court order is required (assuming this is your first time filing). https://upsolve.org/learn/the-automatic-stay/ in Upsolve's Learning Center has more!
Upsolve Community Member
Thanks Andrea. As a practical matter I guess that answers my question, though I'm still curious what the actual mechanism is. I have CC companies that have started calling me--at least one called me yesterday and today, post-filing--and also an automatic loan deduction scheduled for the 25th. How do these businesses actually come to learn about the filing, unless the Court proactively notifies them? Is there some third-party system that informs them? Do they just have a sixth sense that informs them? :-)
Upsolve Community Member
Ah, that's a great question! (and thanks for following up!)
Upsolve Community Member
This article explains how creditors are notified of a bankruptcy filing: https://upsolve.org/learn/official-form-309a-no-proof-of-claim/
Upsolve Community Member
Generally speaking, once bankruptcy paperwork is filed, this form is sent out by the court to the creditors listed on the bankruptcy forms.
Upsolve Community Member
You might also consider the information here: https://upsolve.org/learn/believe-creditor-listed-on-my-petition-has-violated-automatic-stay-what-can-i-do/
Upsolve Community Member
Thanks Claire. That was basically my assumption from the start. Though I was also hoping it might just be by magic :-) And thanks for all the articles. You guys provide an awesome service.