Posted by Aunt Mary on 10/07/04

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We live in Florida and filed chapter seven pro se in March
and notified all creditors including our Home Owner's
Association. We had a creditor's meeting and no creditors
showed up and the bankruptcy is still in effect. Today we
received notice that our Homeowner's Association has filed
foreclosure for the amount of $1900 (for a $120 debt) Am I
wrong that no one can file a foreclosure or attempt any
debt collection while the bankruptcy is ongoing and that
they have to ask permission of the Bankruptcy court to
proceed? I found a case in which a Florida man filed suit
against a bank for foreclosing during a bankruptcy stay and
he won damages. The HOA knows we are in bankruptcy and even
tacked on a bankruptcy fee to the foreclosure. Are they
exempt from having to ask the Court to lift the stay? I
have just been awarded back-payments from Social Security
and my Social Security attorney says I will receive the
check any day now so I will be able to pay any legitimate
debt. Any advice will be appreciated. Aunt Mary

Re: Can a foreclosure be filed without lifting stay?, 10/15/04, by EHGLAW.

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