QUESTION
Can filing for bankruptcy stop a writ of assistance?
Asked on Oct 02nd, 2012 on Bankruptcy - Indiana
More details to this question:
The writ was served after foreclosure completed and bank has taken over property. Will filing chapter 7 stop this eviction?
8 ANSWERS
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
Do not think so.
Answered on Oct 03rd, 2012 at 4:37 PM
Although filing a Chapter 7 will temporarily stop an eviction, the amount of time that you obtain in a Chapter 7 is usually limited to no more than 6 - 8 weeks. You may be able to obtain additional time by challenging the evicting in the local justice court, but you will be required to act promptly. Hope this perspective helps!
Answered on Oct 03rd, 2012 at 4:36 PM
Daniel James Wilson
Probably not. In Colorado the foreclosure sale transfers title to the buyer. If you are still in the house you are a trespasser. The buyer may be willing to give you "cash for keys" but if buyer already has a writ of eviction maybe not. Good luck.
Answered on Oct 03rd, 2012 at 4:36 PM
Bankruptcy Attorney serving Myrtle Beach, SC
at
Law Office of Margaret L. Evans, PC
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No, because the sale has already taken place.
Answered on Oct 03rd, 2012 at 4:35 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
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You must inform the other party and the court by filing what is known as a suggestion of bankruptcy. This should stop all state court processes.
Answered on Oct 03rd, 2012 at 4:35 PM
If the foreclosure has been completed, you no longer own the property. If you no longer own the property, you have no right to be on the property. If you have no right to be on the property, bankruptcy will not create a right to be on the property.
Answered on Oct 03rd, 2012 at 4:34 PM
William H. Von Willer
A bankruptcy filing can stop a foreclosure action at any time before the Sheriffs sale.
Answered on Oct 03rd, 2012 at 4:33 PM
No. Filing bankruptcy will not stop an eviction proceeding. It is not a proceeding intended to collect a debt.
Answered on Oct 03rd, 2012 at 4:33 PM