Is it possible to file a chapter 7 bankruptcy three days before a foreclosure trial? 14 Answers as of October 02, 2015

Isn't there an online course that is required? Thank you!

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Paul Stuber, Attorney at Law
Paul Stuber, Attorney at Law | Paul Stuber
Yes and yes there is a course that you have to complete. The course takes between 30 minutes and 3 hours to complete.
Answer Applies to: Colorado
Replied: 10/2/2015
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
The online course takes one hour. You should do it ASAP because you'll also need the certificate which takes longer to receive than it does to take the course. Go see a knowledgeable local bankruptcy attorney who can assist you. There is an emergency process that could be used to get the filing done quickly so as to put the automatic stay in place. You'd then have two weeks to complete the necessary documents. Trial? What state are you located in? California foreclosures are usually statutory. Get help ASAP. Good luck!
Answer Applies to: California
Replied: 10/2/2015
Marc S. Stern
Marc S. Stern | Marc S. Stern
Yes. Credit counseling takes about 90 minutes and can be done online.
Answer Applies to: Washington
Replied: 10/1/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Yes & yes.
Answer Applies to: Colorado
Replied: 10/1/2015
Stephens Gourley & Bywater | David A. Stephens
Yes it is and there is a short class you have to take to file the petition.
Answer Applies to: Nevada
Replied: 10/1/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Yes, file ASAP. You must take a credit counseling course on line.
    Answer Applies to: California
    Replied: 10/1/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    I like to say it is possible for me to file bankruptcy in 20 minutes if you do not care whether I do a good job for you or not. And filing a bankruptcy will temporarily delay a foreclosure sale. But your case cannot be filed without a certificate showing that you completed a 90 minute course called Credit Counseling from an approved provider. So get your head out of the sand, make an appointment to meet with an experienced bankruptcy attorney TODAY because while I can file a crappy bankruptcy in 20 minutes, you certainly cannot do that without my years of expertise.
    Answer Applies to: Nevada
    Replied: 10/1/2015
    Freeman Law Group, LLC
    Freeman Law Group, LLC | Derek Freeman
    Yes, it is possible to file a chapter 7 bankruptcy case three days before a foreclosure. The bankruptcy will put in place an automatic stay, which will put a stop to any collections, including a foreclosure. However, if you can't timely redeem the property, you will end up losing it anyway. And yes, you need to take a credit counseling course before you file your case.
    Answer Applies to: Colorado
    Replied: 10/1/2015
    Underwood & Riemer, P.C.
    Underwood & Riemer, P.C. | James D. Patterson
    Yes. However, a Chapter 7 will only delay the foreclosure. It won't allow you to cure the past due amount, or arrearage. For that, you need a Chapter 13, a consolidation plan, that essentially allows you to pay back what you owe and pay your normal monthly mortgage payment going forward. However, you need to have some money left over after normal bills and expenses each month to make a Chapter 13 plan work. Talk to a local bankruptcy attorney about your options prior to the foreclosure date. Good luck!
    Answer Applies to: Alabama
    Replied: 10/1/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Yes and yes, the online course takes about 45 minutes.
    Answer Applies to: California
    Replied: 10/1/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    Yes, a chapter 7 bankruptcy can be filed on an emergency basis with just your name, address, social security number and a list of your creditors, as long as the mandatory credit counseling is done. It can be done online or by phone and only takes a couple of hours, so it could definitely be done in 3 days. You would have to pay a small fee for the course and some courts require a minimum payment toward the $335 filing fee.
    Answer Applies to: Oregon
    Replied: 10/1/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    It is entirely possible to do so, and get the benefit of the Automatic Stay. (Remember that the creditor can seek Relief from Stay, so you should be prepared to make a proposal to catch up on arrears or else file a Chapter 13, where your Plan can include such a proposal.) It's really best to have a skilled bankruptcy lawyer working to advise and represent you. It's almost always worth the cost. BEFORE filing, you must complete a briefing on Credit Counseling. These take 45 min. to an hour and are not hard. You can get a list of approved providers online or by calling the United States Trustee's office. There is usually no waiting to get started. (There is a second briefing, called Financial Management, which you must complete before the Court can grant a discharge, but that comes a bit later.)
    Answer Applies to: Wisconsin
    Replied: 10/1/2015
    Ronald K. Nims LLC | Ronald K. Nims
    The online course generally takes less than two hours.
    Answer Applies to: Ohio
    Replied: 10/1/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    That would be a yes.
    Answer Applies to: Massachusetts
    Replied: 10/1/2015
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