Can I file bankruptcy to stop foreclosure? 25 Answers as of June 03, 2013

If I file for bankruptcy to stop foreclosure and then not go through with it, will it still be on my record that Bankruptcy was filed?

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CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
Yes temporarily.
Answer Applies to: California
Replied: 6/3/2013
Heupel Law
Heupel Law | Kevin Heupel
Yes, in Colorado the filing of bankruptcy will stop the foreclosure for 60 days. You can even file a Chapter 13 to save the home by repaying the missed mortgage payments over a three to five year period. However, once a bankruptcy is filed, it remains on your credit for ten years regardless if you finish the bankruptcy process or not.
Answer Applies to: Colorado
Replied: 8/10/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
the Bankruptcy will restrain the sale
Answer Applies to: Washington
Replied: 8/11/2011
Glen A. Kurtis, P.C.
Glen A. Kurtis, P.C. | Glen A. Kurtis
Filing the bankruptcy wont permanently stop the foreclosure. The bank will have to suspend the foreclosure case until they get what is called a relief from the automatic stay that is issued when you filed your case. This is fairly standard. It does take some time to get the motion before the judge and an order etc. but the foreclosure case would be able to proceed after that.
Answer Applies to: New York
Replied: 8/2/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Yes you can file a bankruptcy case to stop the foreclosure.
Answer Applies to: Georgia
Replied: 8/1/2011
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes and yes. Filing bankruptcy will stop a foreclosure, at least temporarily. Once you have filed a bankruptcy, it will remain on the Bankruptcy Court Records and on your credit report, even if the case is dismissed because you do not file bankruptcy schedules, attend the first meeting of creditors, or take all other appropriate action needed to complete your bankruptcy case and receive your discharge.
    Answer Applies to: California
    Replied: 7/31/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    What you are proposing is a misuse of the bankruptcy code. No reputable attorney will assist you, and if a creditor or the US Trustee did determine that you filed in bad faith, you could face adverse consequences. And yes, the filing, successful or not, will be on your record.
    Answer Applies to: Georgia
    Replied: 7/31/2011
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    Yes
    Answer Applies to: California
    Replied: 7/30/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    The bankruptcy will be on your credit report for 8 years.
    Answer Applies to: California
    Replied: 7/30/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Yes
    Answer Applies to: California
    Replied: 7/30/2011
    Financial Relief Law Center
    Financial Relief Law Center | Mark Alonso
    Filing bankruptcy will have the effect of imposing an "automatic stay" against all of your creditors collections actions. That means it will stop all wage garnishments, bank levies, judgment liens, creditor phone calls and of course foreclosure proceedings. So, yes, filing bankruptcy would have the effect of stopping the sale date. If you file bankruptcy now that will impact your ability to file again and the fact that you filed will be on record. Depending on what chapter you file, will determine how long you will be able to have the automatic stay protect your house from foreclosure. The reality is that if you are not filing a chapter 13 bankruptcy (basically putting forth a payment plan to repay your mortgage arrears over several years) and are filing only for a ch. 7, then the automatic stay will only last a few months, in which case the mortgage lender will have the ability to resume foreclosure once your chapter 7 is dismissed or discharged. The only other solution you may want to pursue would be a potential loan modification. I would recommend that you contact us or an experienced attorney who is knowledge in the area of loan workouts and bankruptcy in order to assess your entire situation and determine your best course of action.
    Answer Applies to: California
    Replied: 7/30/2011
    The Law Offices of Mark Wm. Hofgard, Esq.
    The Law Offices of Mark Wm. Hofgard, Esq. | Mark Hofgard
    A Chapter7 or 13 bankruptcy will temporarily stay (stop) foreclosure proceedings. The lender may then ask the bankruptcy court to lift the automatic stay of execution, and proceed with the foreclosure. Under certain circumstances (rare), you may have grounds to challenge the validity of the secured debt. You should not file a bankruptcy action unless you intend to complete it.
    Answer Applies to: Colorado
    Replied: 7/30/2011
    Eric J. Benzer, Attorney at Law
    Eric J. Benzer, Attorney at Law | Eric Benzer
    If you qualify, yes
    Answer Applies to: Maryland
    Replied: 7/30/2011
    Tucker Legal Clinic
    Tucker Legal Clinic | Samuel Tucker
    Yes, filing will stop the foreclosure. Credit bureaus can report that you filed a bankruptcy for ten years afterward. Be careful trying to play around with this.
    Answer Applies to: Mississippi
    Replied: 7/30/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    Yes..A ch.7 only stalls foreclosure and a 13 lets you catch up the payments. A lot of people are doing what you suggest and the judges are imposing penalties for abusing the process.
    Answer Applies to: Virginia
    Replied: 7/30/2011
    Law Office of Felipe A. Malo, P.A.
    Law Office of Felipe A. Malo, P.A. | Felipe Augusto Malo
    yes
    Answer Applies to: Florida
    Replied: 7/30/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    BK will stop foreclosure and still be on your record that you filed. Watch for bad faith arguments by the court. Thank you,
    Answer Applies to: California
    Replied: 7/30/2011
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