Can I file emergency bankruptcy to stop foreclosure? How? 11 Answers as of June 23, 2015

My home is on the schedule to go to the foreclosure auction in two weeks. Can I file an emergency Chapter 13 bankruptcy to prevent this? I need to prevent this from happening and just want to save my house and I need help ASAP.

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Ronald K. Nims LLC | Ronald K. Nims
Yes, you can file bankruptcy to stop the foreclosure. Two weeks is plenty of time to file a normal bankruptcy. An emergency bankruptcy (one in which most of the necessary documents will be filed later) is usually used when it's necessary to file bankruptcy immediately or within the next couple days. An emergency bankruptcy costs more because the attorney has to disrupt her schedule and her other clients to prepare and file it immediately.
Answer Applies to: Ohio
Replied: 6/23/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Well yes, a Chapter 13 will help you if: (1) at a minimum you can make the mortgage payment as it comes due; and (2) you can pay off the past due amount in 60 months. There may be other factors that go into determining what you have to pay in a ch13 case, (past due taxes, child support, etc.). You may find a lawyer at nacba.org. See the attachment. Do it right away. Don't delay further.
Answer Applies to: California
Replied: 6/19/2015
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
Yes. In ch 13 you can ask for a modification of your mortgage also.
Answer Applies to: Florida
Replied: 6/18/2015
Stephens Gourley & Bywater | David A. Stephens
Yes, you can. You will need to take the prebankruptcy class and file an emergency petition before the sale date. You will then have 15 days to file the rest of the schedules and a plan.
Answer Applies to: Nevada
Replied: 6/18/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes. It is called a "partial petition" (your name, address, social security number, and a complete list of ALL your creditors). You have to do a class online immediately. It takes about 90 minutes. I charge $75 cash for a one hour meeting to show you how everything works. You can take your class online for $10.95. I have filed hundreds of partial petitions (Chapter 13's) to stop a foreclosure over the years. I could meet with you on Monday at 02:30 PM. Time is of the essence, so you need to act quickly!
Answer Applies to: Colorado
Replied: 6/18/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    Yes you can. Find an experienced bankruptcy lawyer (online, poss at Avvo.com, from friends, from the yellow pages, from the state bar lawyer referral service), ask for the earliest possible appointment, come prepared with lists of all your property and its values, all you creditors with their addresses and the exact or approximate amounts they claim, and a draft monthly budget. But, don't waste your time if you cannot propose a Plan which meets the requirements of the bankruptcy code: including that there is enough to pay off the complete arrearage on your mortgage over the 36 or 60 months of your Plan.
    Answer Applies to: Wisconsin
    Replied: 6/18/2015
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Yes. Call an attorney now. Do not wait.
    Answer Applies to: Alabama
    Replied: 6/18/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    An emergency bankruptcy is one that needs to be filed within 24 ? 48 hours. Since you have a couple of weeks, any capable bankruptcy attorney should not charge you extra to prepare your case as an emergency. Unless you can demonstrate that you are eligible to file Chapter 13, filing it in a rush may only provide you with a minimum amount of benefit. See a local Chapter 13 attorney right away and get the attorney all the required documents to assess your qualifications for Chapter 13 relief.
    Answer Applies to: Nevada
    Replied: 6/18/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Either chapter 7 or 13 would stop an imminent foreclosure, but a lot more information is needed to determine which chapter you should use. Now is not the time to be "penny-wise and pound foolish." Consult with an experienced bankruptcy lawyer to find out your best strategy.
    Answer Applies to: Oregon
    Replied: 6/18/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    You should immediately call for a free initial consultation for commencing a chapter 13 bankruptcy case which must be filed prior to a foreclosure sale occurring.
    Answer Applies to: Michigan
    Replied: 6/18/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Yes. Quickly retain an experienced bankruptcy practitioner, preferably before the foreclosure date.
    Answer Applies to: Massachusetts
    Replied: 6/18/2015
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