Will a bankruptcy stop an imminent eviction order? 17 Answers as of January 17, 2014

Will a bankruptcy filing ( chapter 13) stop an eviction on my home, that went into foreclosure?

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Stephens Gourley & Bywater | David A. Stephens
Yes, it will stop it for a period of time. However, that period may be short.
Answer Applies to: Nevada
Replied: 1/17/2014
J. Baron Groshon, P.A. | J. Baron Groshon
If the foreclosure sale is completed under North Carolina law (assuming that the property is located in North Carolina), then the filing of a Chapter 13 case after the foreclosure sale is completed will not stop an eviction.
Answer Applies to: North Carolina
Replied: 1/17/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
If a Warrant has been issued the bkry will not stop the eviction unless you post money with the bkry court.
Answer Applies to: New York
Replied: 1/17/2014
Pew Law Center
Pew Law Center | Lawrence 'D' Pew
At this point there isn't much you can do to stop the eviction notice if they are executing it under the correct legal parameters in Arizona. Arizona is a very landlord friendly state so in most cases the best bet is for the individual to leave before the eviction notice.
Answer Applies to: Arizona
Replied: 1/15/2014
A Fresh Start
A Fresh Start | Dorothy G Bunce
Yes, but the correct noticing of the bankruptcy filing will be crucial. In addition, the property owner can apply for an order lifting the bankruptcy protection and in most instances, the court will grant the request in relatively short order.
Answer Applies to: Nevada
Replied: 1/15/2014
    LAW OFFICES OF CRAIG BURNETT | Craig Alan Burnett
    Yes, but not for very long. If your home has already been foreclosed, and you are filing bankruptcy to stop the eviction, your lender will probably be able to get ex parte relief from the bankruptcy stay to continue with its eviction. The notice period for motions for relief from stay is quite short in any event, so filing bankruptcy as a strategy to frustrate an eviction is not wise and will not buy you much time in any event.
    Answer Applies to: California
    Replied: 1/15/2014
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It will stop the eviction, briefly. If the foreclosure has been completed and you do not own it anymore the new owner will be able to get permission from the court to proceed with the eviction.
    Answer Applies to: California
    Replied: 1/15/2014
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No. If the Order of Restitution has already been issued (in Colorado for example), it is too late to do anything. Assuming you have the opportunity to respond to the eviction complaint, you would have to pay a rent deposit into the bankruptcy court, and the bankruptcy court would hold a very quick hearing (in less than 30 days) and determine if the eviction is appropriate (for failure to pay rent, for example).
    Answer Applies to: Colorado
    Replied: 1/15/2014
    Heineman Law Office
    Heineman Law Office | Jeff Heineman
    If you file a Chapter 13 bankruptcy before the foreclosure sale has occurred, you will stop the foreclosure. If your Chapter 13 plan has a provision so you can cure the mortgage default, then the mortgage lender(s) must obey the plan if it is approved by the court. If your Chapter 13 is not drafted to cure the mortgage default/deficiency, then the foreclosing party can reschedule the foreclosure sale and sell your home.
    Answer Applies to: Idaho
    Replied: 1/15/2014
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    Only delay if the foreclosure sale has already taken place.
    Answer Applies to: Florida
    Replied: 1/15/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    Yes, but only on a short term basis. The bank could get you out as early as 10 days.
    Answer Applies to: Nevada
    Replied: 1/15/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    I cannot tell what you are asking. If the home went into foreclosure and you are a holdover tenant, the bankruptcy will not stop you from being kicked to the curb by the sheriff.
    Answer Applies to: South Carolina
    Replied: 1/15/2014
    Meister & McCracken Law Firm, PLLC | Joanne M. McCracken
    Filing for bankruptcy stops collection actions with some exceptions. If the foreclosure has already occurred, you no longer own the house so you may have to vacate. You need to speak with a qualified experienced bankruptcy attorney because there are facts not disclosed in your question that could make a great difference in your rights. I advise you to do so as soon as possible.
    Answer Applies to: Arkansas
    Replied: 1/15/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Generally, yes the sheriff will temporarily stop an eviction during the bankruptcy.
    Answer Applies to: New York
    Replied: 1/15/2014
    Lynch Law Offices, P.C. | Roseanne N. Lynch
    A Bankruptcy could stop the eviction, but if you are not the owner of the house you really would have no way to stay in the property. Have you tried to work something out with the foreclosing bank? You should see an attorney who can let you know the options.
    Answer Applies to: Illinois
    Replied: 1/15/2014
    Law Office of Shawn N. Wright | Shawn N. Wright
    I am not totally sure if I understand you, but I think you are saying that your home has already gone through foreclosure, and there has already been a sheriff's sale. In Pennsylvania, we have a judicial foreclosure process in which all mortgage foreclosures must go through Common Pleas Court proceedings. After the actual sheriff's sale, many times, the homeowner is still residing in the property, and invariably, the mortgage company has now purchased the home at the sheriff's sale, and they wish to evict the homeowner. If this is the case, then if you file a Chapter 13 case, then it might delay the eviction a small amount of time, maybe a few weeks, but not much. You don't have the legal right after the sheriff's sale to repay the mortgage arrears (the delinquent amount) to your mortgage company. Once the sheriff's sale has occurred, you lose that right in Bankruptcy Court. I would think that instead of filing bankruptcy at this point (if my facts are correct), you should probably put all of your efforts into moving out of the property. Sometimes, you can even call the mortgage company and in exchange for your cooperation (that them that you agree to leave the property as neat as possible), ask them for a bit of moving assistance. A lot of times, mortgage companies will pay a small amount of money if the homeowner is willing to move out peacibly.
    Answer Applies to: Pennsylvania
    Replied: 1/15/2014
    Barr, Jones & Associates LLP
    Barr, Jones & Associates LLP | Andrew Brasse
    A Ch.13 bankruptcy filing can halt eviction proceedings. Therefore, if a landlord has not formally evicted you yet, the filing of a bankruptcy prevents him from removing you from the premises. He would then have to petition the bankruptcy court for an order to proceed with his eviction, which can be a complicated task.
    Answer Applies to: Ohio
    Replied: 1/15/2014
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