Yes, you can file for chapter 7 bankruptcy or chapter 13 bankruptcy while going through a foreclosure. In fact if you do not plan on keeping the home, you should certainly file chapter 7 bankruptcy prior to the foreclosure sale date occurring. The reason for this is you may be assessed delinquency payments if the foreclosure sale price of the house is less than the mortgages and liens remaining on the house. The reason for this is after your foreclosed upon and lose your home, the bank and lien holders can still go after you for any delinquent sums of money that were not covered under the foreclosure sale.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law www.botelholawgroup.com 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 28th, 2014 at 2:27 PM