Yes. You can file for an equitable servitude against the
property, asking the Court to prevent the bankruptcy stay from
applying. I recommend that you speak with a local bankruptcy
attorney to discuss how to proceed.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Canzie" <sales@nospaminet-lender.com> wrote in message
news:DeN2b.1505$zL2.669@nwrdny01.gnilink.net... I'm a creditor. I hold a mortgage on a home that has not been
paid for years. The debtor has filed chapter 7 and 13 every 6 months
for 10 years to avoid the once yearly Property Tax sale. My debt has never been listed on the bankruptcy schedules, and
the home has never been listed as an asset. Do I have any recourse?

That's why we get the big bucks. <g>

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Canzie" <sales@nospaminet-lender.com> wrote in message
news:9x23b.5551$zL2.4831@nwrdny01.gnilink.net... WOW. I looked that up, had no idea it ever existed. -- Michael Papp iNet Commercial Lending/ Carteret Mortgage www.iNet-Lender.com MSN Messenger ID - iNet-Lending "Brett Weiss" <lawyer@erols.com> wrote in message news:ZvCdnbCe1qBKsdGiXTWJhw@comcast.com... Yes. You can file for an equitable servitude against the property, asking the Court to prevent the bankruptcy stay
from applying. I recommend that you speak with a local bankruptcy attorney to discuss how to proceed. -- Brett
************************************************** *************** * Personal Injury/Malpractice
Bankruptcy * *
* * BRETT WEISS, P.C.
* * Attorneys at Law
* * Maryland, D.C. and Federal Bars
* * lawyer@erols.com
* * http://www.erols.com/lawyer
* *
* * Small Business Estates & Estate
Planning *
************************************************** *************** The Small Print: This response is for discussion purposes
only. It isn't meant to be legal advice and you shouldn't treat it
as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** *************** "Canzie" <sales@nospaminet-lender.com> wrote in message news:DeN2b.1505$zL2.669@nwrdny01.gnilink.net... I'm a creditor. I hold a mortgage on a home that has not
been paid for years. The debtor has filed chapter 7 and 13 every 6
months for 10 years to avoid the once yearly Property Tax sale. My debt has never been listed on the bankruptcy schedules,
and the home has never been listed as an asset. Do I have any recourse?

LOL - Only other question - and there is a reason - can the in rem be filed
before they actually file for BK?

--
Michael Papp
iNet Commercial Lending/ Carteret Mortgage
www.iNet-Lender.com
MSN Messenger ID - iNet-Lending


"Brett Weiss" <lawyer@erols.com> wrote in message
news:146dnQsFBZymmtCiU-KYgg@comcast.com... That's why we get the big bucks. <g> -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "Canzie" <sales@nospaminet-lender.com> wrote in message news:9x23b.5551$zL2.4831@nwrdny01.gnilink.net... WOW. I looked that up, had no idea it ever existed. -- Michael Papp iNet Commercial Lending/ Carteret Mortgage www.iNet-Lender.com MSN Messenger ID - iNet-Lending "Brett Weiss" <lawyer@erols.com> wrote in message news:ZvCdnbCe1qBKsdGiXTWJhw@comcast.com... Yes. You can file for an equitable servitude against the property, asking the Court to prevent the bankruptcy stay from applying. I recommend that you speak with a local bankruptcy attorney to discuss how to proceed. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@erols.com * * http://www.erols.com/lawyer * * * * Small Business Estates & Estate Planning * ************************************************** *************** The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation. ************************************************** *************** "Canzie" <sales@nospaminet-lender.com> wrote in message news:DeN2b.1505$zL2.669@nwrdny01.gnilink.net... > I'm a creditor. I hold a mortgage on a home that has not been paid for > years. The debtor has filed chapter 7 and 13 every 6 months for 10 years to > avoid the once yearly Property Tax sale. > > My debt has never been listed on the bankruptcy schedules, and the home has > never been listed as an asset. > > Do I have any recourse? > > >

No--there's no proceeding to file anything in. Be sure that the
ES is filed immediately upon the new case being filed, and before
it can be dismissed again.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"Canzie" <sales@nospaminet-lender.com> wrote in message
news:Q0d3b.7690$zL2.998@nwrdny01.gnilink.net... LOL - Only other question - and there is a reason - can the in
rem be filed before they actually file for BK? -- Michael Papp iNet Commercial Lending/ Carteret Mortgage www.iNet-Lender.com MSN Messenger ID - iNet-Lending "Brett Weiss" <lawyer@erols.com> wrote in message news:146dnQsFBZymmtCiU-KYgg@comcast.com... That's why we get the big bucks. <g> -- Brett
************************************************** *************** * Personal Injury/Malpractice
Bankruptcy * *
* * BRETT WEISS, P.C.
* * Attorneys at Law
* * Maryland, D.C. and Federal Bars
* * lawyer@erols.com
* * http://www.erols.com/lawyer
* *
* * Small Business Estates & Estate
Planning *
************************************************** *************** The Small Print: This response is for discussion purposes
only. It isn't meant to be legal advice and you shouldn't treat it
as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the
facts and the law applicable to your situation.
************************************************** *************** "Canzie" <sales@nospaminet-lender.com> wrote in message news:9x23b.5551$zL2.4831@nwrdny01.gnilink.net... WOW. I looked that up, had no idea it ever existed. -- Michael Papp iNet Commercial Lending/ Carteret Mortgage www.iNet-Lender.com MSN Messenger ID - iNet-Lending "Brett Weiss" <lawyer@erols.com> wrote in message news:ZvCdnbCe1qBKsdGiXTWJhw@comcast.com... > Yes. You can file for an equitable servitude against the > property, asking the Court to prevent the bankruptcy stay from > applying. I recommend that you speak with a local
bankruptcy > attorney to discuss how to proceed. > > -- > Brett > >
************************************************** *************** > * Personal Injury/Malpractice Bankruptcy * > * * > * BRETT WEISS, P.C. * > * Attorneys at Law * > * Maryland, D.C. and Federal Bars * > * lawyer@erols.com * > * http://www.erols.com/lawyer * > * * > * Small Business Estates & Estate Planning * >
************************************************** *************** > > The Small Print: This response is for discussion purposes only. > It isn't meant to be legal advice and you shouldn't treat
it as > such. If you want legal advice, speak with a local lawyer > familiar with your state's laws who can review *all* of
the facts > and the law applicable to your situation. >
************************************************** *************** > > > "Canzie" <sales@nospaminet-lender.com> wrote in message > news:DeN2b.1505$zL2.669@nwrdny01.gnilink.net... > > I'm a creditor. I hold a mortgage on a home that has
not been > paid for > > years. The debtor has filed chapter 7 and 13 every 6 months > for 10 years to > > avoid the once yearly Property Tax sale. > > > > My debt has never been listed on the bankruptcy
schedules, and > the home has > > never been listed as an asset. > > > > Do I have any recourse? > > > > > > > >