Can I stay in my home after filing for bankruptcy? 15 Answers as of July 11, 2013

I'm unemployed and 3 months behind on mobile home and rental payments. Can I stay in my home if I file for bankruptcy?

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Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Absolutely, yes. In fact, you do not need to lose your home at all, if you are able to continue making payments and your states exemption statute covers all of the equity that you have. If you are being foreclosed on, the filing will stop the foreclosure temporarily and allow you the time to reaffirm the debt and perhaps get back on track. Depending on the type of bankruptcy, you can even force a payment plan in chapter 13 over 3 to 5 years.
Answer Applies to: Connecticut
Replied: 8/24/2011
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
BK will stay a foreclosure proceeding but will not be permanent. You will need to reaffirm, or get current to continue to live there
Answer Applies to: Washington
Replied: 7/14/2011
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
Yes, temporarily.
Answer Applies to: California
Replied: 6/26/2013
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Stay there until they foreclose, which could be many months.
Answer Applies to: California
Replied: 7/4/2013
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
Yes the bankruptcy filing operates as a stay of any collection efforts including foreclosure/eviction for a period of time depending upon what actions the creditor takes to lift the stay.
Answer Applies to: Georgia
Replied: 7/5/2011
    Indianapolis Bankruptcy Law Office of Eric C. Lewis
    Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
    Chapter 7 will get rid of most if not all of your debt and may help you to get caught up on the mobile home payments but it does nothing to stop foreclosure; Chapter 13 can help you keep your home and pay the back arrearage over the course of a payment plan.
    Answer Applies to: Indiana
    Replied: 7/5/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    Filing a bankruptcy creates an automatic stay that prevents an action to complete a foreclosure or eviction. However, the creditor can file a motion for relief from stay to be able to continue their action to gain possession. In effect a bankruptcy will slow down the process by about a month if the creditor takes immediate action to file for relief from stay.
    Answer Applies to: California
    Replied: 7/5/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    The answer depends on what type case you file and details of your case. You will not be able to stay indefinitely without paying. You may and probably can stay for a short time without paying. And there may be ways to use the bankruptcy courts to catch up later, depending on details we do not have. See a lawyer before you get further behind.
    Answer Applies to: Georgia
    Replied: 7/5/2011
    Law Office of Harry L Styron
    Law Office of Harry L Styron | Harry L Styron
    If you are unemployed, probably not. You should consult a bankrtupcy lawyer with full details to be sure.
    Answer Applies to: California
    Replied: 7/5/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Only until the creditor completes repossession proceedings.
    Answer Applies to: California
    Replied: 7/11/2013
    The Law Office of Brian Nomi
    The Law Office of Brian Nomi | Brian H. Nomi
    Yes, for a while. Bankruptcy will delay things. It's good to time it, so you get the most benefit. For further information, its best to consult with an experienced attorney. Any good attorney will give you a free initial consultation.
    Answer Applies to: California
    Replied: 7/1/2011
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