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What does order setting case management conference mean in foreclosure process?
Anonymous9 views3 answers
We had re-modified our mortgage about 5 years ago. Due to the decline in the market my husband's construction business has suffered. Result is we defaulted on it and HOA which HOA pursued and had foreclosure date set but we had to file CH13 which stayed the foreclosure. 2.5 yrs into CH13 several medical issues caused a n extended eave of absence w/o pay and had to convert to CH7. Now still in an open CH7 case we received notice to attend this conference. Not sure what part of the foreclosure process we are in now. Don't plan to keep the house as it is upside down and we can't afford it at this time. Not sure what we should do at this time or what it all means.
A CMC is for the court to determine where the file is at, if the foreclosure is progressing and to determine if the case is ripe to set it for trial or final hearing. You should attend so you can be apprised of the sale date.
A case management conference is just the Judge's way of asking everyone what is going on in a case. Where there is a bankruptcy pending, it suggests that one of two things has occurred: either 1) the Foreclosure Judge may not be aware that you are still in bankruptcy, or 2) the automatic stay" (the name for the freeze that bankruptcy places on the foreclosure case) may have already expired.
You may want to review your case status with a bankruptcy attorney who can help inform you and the foreclosure court as to the impact that your bankruptcy has on the foreclosure case. Even though you don't want to keep your house, it may be that the foreclosure is not allowed to re-start yet.
Contact your bankruptcy attorney to discuss whether or not you should attend the case management conference. If you are not keeping the house, then you probably do not have to attend.
