Bankruptcy Court

Hello all, I would like to solicit some help from those who have experience with Bankruptcy court. What is the best way to re-introduce evidence in bankruptcy court that was overlooked in foreclosure proceedings (related to the promissory note)? I've heard you can request discovery/evidence, but I'm not sure how? Do you have to request for discovery to be granted before stating or subpoenaing the newly discovered evidence? Or state the discovery when you file your plan? Also, is it done by an affidavit?

Additionally, how would one introduce an administrative default in bankruptcy court?

Would it be good to introduce the newly discovered evidence and the administrative default, or does the one trump the other?

Any help would be appreciated.

[Judge Roy Bean]

Originally Posted by sick-n-tired

Hello all, I would like to solicit some help from those who have experience with Bankruptcy court. What is the best way to re-introduce evidence in bankruptcy court that was overlooked in foreclosure proceedings (related to the promissory note)? I've heard you can request discovery/evidence, but I'm not sure how? Do you have to request for discovery to be granted before stating or subpoenaing the newly discovered evidence? Or state the discovery when you file your plan? Also, is it done by an affidavit?

Additionally, how would one introduce an administrative default in bankruptcy court?

Would it be good to introduce the newly discovered evidence and the administrative default, or does the one trump the other?

Any help would be appreciated.

Obviously no one can give you legal advice in this area, and it gets tricky, particularly since you may be dealing with two distinctly separate court systems. Foreclosures are the realm of state law and vary significantly between states - some have a non-judicial process; bankruptcy is Federal and you didn't specify if you're dealing with Chapter 7 or 13. The BK court can issue temporary stays while the filing is approved and in Chapter 13 filings may approve a payment schedule that you can live with but they generally aren't going to get involved in fixing a messed-up loan or attempting to make rulings beyond their scope and jurisdiction.

I wouldn't rely on anything you find on the 'net to try and save your home by yourself.

Originally Posted by Judge Roy Bean

Obviously no one can give you legal advice in this area, and it gets tricky...

Judge, I'm not looking for legal advice, I'm looking for options to further explore. I was hoping to solicit the help of a couple of users who had experience/knowledge with bankruptcy proceedings. Livefire/faithchris had posted their experiences in two different threads, but I've been unsuccessful in contacting them via PM.

Originally Posted by Judge Roy Bean

...particularly since you may be dealing with two distinctly separate court systems. Foreclosures are the realm of state law and vary significantly between states - some have a non-judicial process; bankruptcy is Federal and you didn't specify if you're dealing with Chapter 7 or 13.

You're right, I left out these details - Judicial foreclosure/Chapter 13.

Originally Posted by Judge Roy Bean

The BK court can issue temporary stays while the filing is approved and in Chapter 13 filings may approve a payment schedule that you can live with but they generally aren't going to get involved in fixing a messed-up loan or attempting to make rulings beyond their scope and jurisdiction.

I wouldn't rely on anything you find on the 'net to try and save your home by yourself.

I understand, however, from what I've read (personal experience postings), I'm assuming that these folks are using methods such as discovery/evidence all the way up to Adversary Proceedings (pleadings/interrogatories/service of summons et al) as outlined in the Federal Rules of Bankruptcy Procedures.