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Posted by KAT on September 25, 2005 at 18:14:05:
In Reply to: Filed vs.docketed? Valid sheriff sale? (Very long) posted by KAT on September 24, 2005 at 14:12:07:
Name: KAT
E-Mail: kathytitus57@msn.com
Subject: Re: Filed vs.docketed? Valid sheriff sale? (Very long)
Body of Message:
I did type in the incorrect info - we converted from a chap 7 to a chapter 13.
Concerning the file vs. docket qustion. I have the motion I filed which is stamped 05/18/05 at 16:09 (4:09pm). Then received from the bankruptcy court "Order Regarding Duties of Debtors....This Order" and at the bottom the following is typed: "Entered on Docket 5/19/05". But another shett "Notice of Chap 13 BK Case, Meeting of Creditors and Deadlines" says "... originally filed under chap 7 on 2/12/03 and was converted to chap 13 on 5/19/05."
On the motion against us "Motion to Reconvert Chapter 13 to chapter 7 under statements "...alleged as follows: ....7. Debtor's ...on May 18, 2005 Debtor's filed a pro se motion to convert their case to Chap 13."
I noticed on the papers from the IOWA DISTRICT COURT on the "Order Granting Motion for Payment of Overplus...." the time and date stamp have "Filed in Polk County, IA 2005, - SEP 13 AM 9:09 - Clerk of District Court" as opposed to format of the bankruptcy court's time and date stamp which appears as: "RCIASB 05/18/15 16:09". Received by Iowa Southern Bankruptcy court I assume. I found in the Iowa code 654A.1 Definitions. 5. "File" means to deliver by required date, by certified mail or another method with acknowledged receipt." It would seem that such similar appearances of the time and date stamp of the BK court and the District Court would indicated "deliver & acknowledged receipt". But this is the point being argued against us at this time.
As I stated the 1st mortgage sheriff sale has not been scheduled for auction at this time. But the District Court held a hearing on the 13th of Sept. for the "Overplus Proceeds" to be payed immedietly to 1st Mortgage holder. It seems things are just getting pushed along so this will meet more and more obstacles to have the sheriff's sale voided. But if it should have been void at the beginning this shouldn't matter, should it?
Thank you so much and we truly appreciate any insight or thoughts on this matter. I will email the info you have given so far and it may prove to be very helpful. It was really a miricle we found this attorney to help us at all. I had called a BK attorney in the small town of Wilton (central Iowa) only because the town name was where my sister lives. This law firm in Wilton transferred me to a firm in Muscatine (southern Iowa) who recommended the attorney in Cedar Rapid (northeast Iowa) - it was all on the second or so I wrote down the Wilton firm along with several others around the state. So we will just keep plugging along at this as long as we are able but it sure is a rollercoaster ride emotionally...will we be here for Xmas, should we find a place to rent, will we be able to find a place to rent with the BK on our record, etc. Thanks again I didn't expect to see replys so soon after posting.
