Can I stop foreclosure through bankruptcy? 30 Answers as of June 14, 2013

Can I stop foreclosure through bankruptcy? Can I prevent this through filing bankruptcy?

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Debt Relief Law Center | Roger J. Bus
You must file Chapter 13 before the "Sheriff's Sale" is held- see a bankruptcy attorney immediately.
Answer Applies to: Michigan
Replied: 6/7/2012
The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
Yes. How long the foreclosure will be stopped depends on which Chapter you file and on your income situation. Consult an attorney and good luck!
Answer Applies to: Wisconsin
Replied: 6/6/2012
Olson Law Firm | Edward M Olson
No. You can delay the foreclosure. However, without catching up on your payments, you cannot stop it. .
Answer Applies to: Michigan
Replied: 6/5/2012
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
Bankruptcy will hold all and any legal proceedings as soon as it is filed. However once the bankruptcy has completed the creditor or the person filing the lawsuit against you can resume the lawsuit if it is already been filed. If the lawsuit has not been filed yet and the person is about to file a lawsuit bankruptcy can effectively stop a foreclosure from beginning. However you may find yourself with a foreclosure when your bankruptcy concludes.
Answer Applies to: Connecticut
Replied: 6/5/2012
Barbara Fontaine, Esquire | Barbara Fontaine
Yes-filing bankruptcy will stop the foreclosure process and may give you time to get a reduction or other help. It is a good idea for you.
Answer Applies to: Rhode Island
Replied: 6/5/2012
    Alvin Lundgren | Alvin Lundgren
    You can slow it down. When you file the foreclosure is stopped, but the mortgage holder can apply for relief from the bankruptcy stay. If the court grants the relief then the foreclosure can start again. In Ch 13 you may be able to modify the terms of the mortgage.
    Answer Applies to: Utah
    Replied: 6/1/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    A chapter 7 will slow down a foreclosure. A chapter 13 will let you get caught up and prevent the foreclosure. To do this you have to be able to resume making the mortgage payments and make the catch up payment.
    Answer Applies to: California
    Replied: 6/1/2012
    Law Office of Jeffrey Solomon
    Law Office of Jeffrey Solomon | Jeffrey Solomon
    An automatic stay will stop the foreclosure, at least for awhile. The creditor can file a motion for relief from automatic stay for permission from the court to continue the foreclosure. You should consult an attorney.
    Answer Applies to: Florida
    Replied: 5/31/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    The filing of Chapter 13 bankruptcy will stop a foreclosure and give you more time to make payments on the past due amounts.
    Answer Applies to: Texas
    Replied: 5/30/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    If the case is filed prior to the date of the foreclosure sale.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You can delay it for a while. In Colorado if you file before the end of the publication period the foreclosure will be stopped and lender will have to start from the beginning.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Yes by filing a chapter 13.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    AyerHoffman, LLP
    AyerHoffman, LLP | David C. Ayer
    Filing a bankruptcy petition stops all of your creditors in their attempts to collect debts from you. This includes any foreclosure action. While bankruptcy may achieve your goal, you should consult with a bankruptcy attorney about the specifics of your situation to determine if it is the best option for you.
    Answer Applies to: Massachusetts
    Replied: 5/30/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Yes, but a chapter 7 will just stop it temporarily for a few months.
    Answer Applies to: New York
    Replied: 5/30/2012
    Tony M. May Attorney At Law
    Tony M. May Attorney At Law | Tony M. May PC
    Yes, upon the filing of the Bankruptcy Application and the bank being notified of the filing of the petition, the bank is prohibited from proceeding forward with the foreclosure process, at least until bankruptcy has concluded.
    Answer Applies to: Nevada
    Replied: 5/30/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Sometimes and you definitely need legal counsel. Do it wrong and you either won't stop it or will see the stay lifted and the foreclosure restart.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Law Offices of Michael J. Berger
    Law Offices of Michael J. Berger | Michael J. Berger
    Yes.
    Answer Applies to: California
    Replied: 6/14/2013
    Law Office of Robert Sisson | Robert Sisson
    Typically no. However if the foreclosure goes through, and you owe a deficiency on the sale of your house by the bank, that deficiency can be written off in bankruptcy .
    Answer Applies to: Wisconsin
    Replied: 5/30/2012
    Ryan Legal Services, Inc.
    Ryan Legal Services, Inc. | Kevin Ryan
    Chapter 13 is most likely what you should be consulting a lawyer about. Please do not try to handle this yourself, without legal counsel. You can usually defer 2/3 of the attorney fees in the Bankruptcy Plan and in the typical ch 13 plan your unsecured creditors effectively wind up paying the balance since they can't collect any interest on their claim, and more often than not take a loss on the principal balance due to them. Seek counsel asap.
    Answer Applies to: Ohio
    Replied: 5/30/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    You may be able to delay it due to the bankruptcy, but you cannot stop it. It can resume after the bankruptcy is closed at the latest point in time.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can delay a foreclosure by filing for bankruptcy, but if you cannot afford to bring the payments current and the lender doesn't allow a loan modification, then the foreclosure will happen eventually.
    Answer Applies to: California
    Replied: 5/30/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, a bankruptcy will delay the foreclosure but it does not stop it altogether. You need to file a chapter 13 plan and promise to pay the arrears in monthly installments in order to actually stop the foreclosure.
    Answer Applies to: California
    Replied: 5/30/2012
    Attorney At Law | Harry D. Roth
    You can stop it completely through a chapter 13 bankruptcy, but you have to use the chapter 13 plan to completely catch up on your payments. You can forestall but not completely stop a foreclosure with a chapter 7. If there is a second mortgage, there are other considerations.
    Answer Applies to: California
    Replied: 5/30/2012
    The Needleman Law Office | Scott Needleman
    Yes, a foreclosure can be temporarily stopped by filing a bankruptcy, however, the lender can file a Motion with the court to proceed with the foreclosure. A chapter 13 reorganization can help you save your house.
    Answer Applies to: Ohio
    Replied: 5/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You can stop a foreclosure by filing a bankruptcy. But the mortgage company can seek lifting of the automatic stay and then proceed with the foreclosure. Consult a bankruptcy attorney.
    Answer Applies to: Florida
    Replied: 5/30/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Yes, but only a few weeks in a chapter 7. In a chapter 13 you might be able to save the home, but only if you pay the regular mortgage, plus cure the arrears. Bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy. I am attaching a link to some free videos that explain how bankruptcy works. http://www.dianedrain.com/Bankruptcy/BankruptcyQuestionnaires/BKQuestionnaireInd.htm
    Answer Applies to: Arizona
    Replied: 5/30/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Yes, what commonly only temporarily. There are some very significant timing issues in this area, therefore you should see a bankruptcy attorney immediately.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Yes, with a Chapter 13 bankruptcy. However you will have to have a payment plan approved by the Court to catch up and stay current on your mortgage payments.
    Answer Applies to: Kansas
    Replied: 5/30/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    You can just delay it by filing bankruptcy.
    Answer Applies to: California
    Replied: 5/30/2012
    J.M. Cook, P.A. | J.M. Cook
    Yes. The automatic stay in bankruptcy prevents any further collection activity, including foreclosure. In a Chapter 7, this only delays the action. In a Chapter 13, you can redeem the property through continuing to make payments and curing the amount of payments you missed.
    Answer Applies to: North Carolina
    Replied: 5/30/2012
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