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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 | 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
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 | 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 | 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 | 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 | 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
Symmes Law Group, PLLC | Richard James Symmes
You can stay in your home after filing for bankruptcy, but ultimately your home will foreclose if you do not make up your payments. Filing a chapter 13 will allow you to make up the back payments, but you need to be able to afford a chapter 13 plan.
Answer Applies to: Washington
Replied: 7/1/2011
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
