QUESTION
Can I stop foreclosure on my house by filing bankruptcy?
Asked on Dec 19th, 2012 on Bankruptcy - Florida
More details to this question:
I need to keep my house. We get eviction notices. I owe for credit cards to. Can bankruptcy let me keep my house?
20 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Filing bankruptcy will stop the foreclosure action until the bank files a motion to lift the automatic stay and it is ruled upon by the bankruptcy judge. You should consult with a bankruptcy attorney in your area.
Answered on Jun 12th, 2013 at 12:19 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Under the right circumstances, you can use a bankruptcy to save your home. Just by filing, you get the benefit of the 'Automatic Stay,' which means creditors are not allowed to take any action to collect from you or your property but with proper legal grounds, a creditor can win Relief from the Automatic Stay that is, permission to go ahead and foreclose. In Chapter 13 bankruptcy, if you have enough income to resume payments on the mortgage promptly, and pay off the arrears (including penalties and attorney's fees through the date of your filing the bankruptcy), you may very well be able to hold off the mortgage-holder and have 60 months of regular payments on the arrears. It can work under the right circumstances: I have done it for probably 20 clients this year alone. But the circumstances have to be favourable. Please call our office if you'd like more information. Good luck.
Answered on Dec 21st, 2012 at 2:04 AM
Bankruptcy Attorney serving Petaluma, CA
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Law Office of Andrew Kern
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Bankruptcy will forestall a foreclosure but will not ultimately prevent it if you cannot pay the arrears in a Chapter 13 along with making the monthly mortgage payment.
Answered on Dec 21st, 2012 at 1:16 AM
If you file Chapter 13 before the Sheriff's sale date, you can cure your mortgage arrearages through the Plan.
Answered on Dec 21st, 2012 at 12:53 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See an attorney. You may be too late.
Answered on Dec 21st, 2012 at 12:21 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Yes, you can stop foreclosure with a bankruptcy filing. You'll only be able to keep it stopped, however, if you can pay your monthly mortgage payments going forward, plus a portion of the arrears each month until you catch up. See a bankruptcy lawyer right away; most will charge you nothing to review your case and make recommendations.
Answered on Dec 20th, 2012 at 2:03 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes, bankruptcy can prevent foreclosure. I suggest you consult with an attorney to discuss the specific details of your situation.
Answered on Dec 20th, 2012 at 2:03 PM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
2 Awards
A bankruptcy can absolutely help you save your house.
Answered on Dec 20th, 2012 at 2:02 PM
Deborah F. Bowinski
If you are getting eviction notices then it sounds as though a foreclosure sale may already have taken place. If that is the case then a bankruptcy will not help you save the home. If foreclosure has not yet taken place then you should consult with a bankruptcy attorney to determine whether a chapter 13 case might help.
Answered on Dec 20th, 2012 at 2:00 PM
Richard hirsh
I am unable to determine anything about your situation as there is not enough information. This response does not establish an attorney client relationship with the undersigned and any person and is intended only as a general comment based upon very cursory facts.
Answered on Dec 20th, 2012 at 1:59 PM
Daniel James Wilson
I'm confused. In your question you ask about foreclosure and in the next sentence eviction. If you have a mortgage you can stop the foreclosure process, at least temporarily, by filing a BK. But if you want to stay in the house long term you have to be able to pay the mortgage and pay arrears through a Ch 13 plan.
Answered on Dec 20th, 2012 at 1:59 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You would not be receiving an eviction notice unless your home is a rental or the lender already foreclosed so that you no longer own the home. As to bankruptcy, please understand that filing for 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.
Answered on Dec 20th, 2012 at 7:37 AM
Do you own or rent the property?" "Eviction" usually pertains to renters. Bankruptcy can stop a foreclosure sale.
Answered on Dec 19th, 2012 at 5:56 PM
Bankruptcy Attorney serving Atlanta, GA
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Saedi Law Group, LLC
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Yes. You can file a Chapter 13 bankruptcy to let you retain your home and restructure your debt over a 60 month repayment period if necessary. In many cases you are not required to repay ANY credit card debt.
Answered on Dec 19th, 2012 at 5:50 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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A Chapter 13 Bankruptcy will allow you to put your mortgage arrearage into the Chapter 13 repayment plan . You would have to have income sufficient to make the Chapter 13 plan payments and make your current mortgage payments.
Answered on Dec 19th, 2012 at 5:34 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
IN NJ: Bankruptcy can let you keep your house provided that you file a Chapter 13 and are able to have a Plan confirmed that repays the arrears (amount due and owing from missed payments) and you remain current going forward. It is also possible to obtain a loan modification in and though the Bankruptcy.
Answered on Dec 19th, 2012 at 5:34 PM
Business Litigation Attorney serving Orange, CA
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Law Offices of Frank Granato
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Yes. You may be able to save your house through bankruptcy.
Answered on Dec 19th, 2012 at 5:34 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Yes, call an attorney for a consultation.
Answered on Dec 19th, 2012 at 5:33 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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It can if you are being foreclosed, but if you are getting eviction notices, it sounds like something else is happening. You should obtain a free consultation from an experienced bankruptcy attorney.
Answered on Dec 19th, 2012 at 5:33 PM
Well, bankruptcy won't let you keep your house for free, but if you can afford to resume paying the mortgage and can make a payment each & every month to catch up on the past due amounts, you might find Chapter 13 an attractive option. You will have up to 60 months to pay off the past due amounts under the supervision of a bankruptcy trustee. The fact that you say you have already received an eviction notice suggests that it may be too late to save your house by any means and that the foreclosure is completed. Take your paperwork to a local bankruptcy attorney for a consultation.
Answered on Dec 19th, 2012 at 5:33 PM