QUESTION
have a pending foreclosure will chp 7 eliminate the foreclosure or would the foreclosure be better?
Asked on May 10th, 2014 on Bankruptcy - Pennsylvania
More details to this question:
which is easier to overcome and be eligible for a new mortgage? the house is in IL but I live in PA.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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A foreclosure is a procedure by which a creditor secured by real estate can sell its collateral (your property) in order to get paid on its lien.
When you ask if a Chapter 7 bankruptcy will eliminate a foreclosure, I'm not sure how to answer because it doesn't really make sense.
A Chapter 7 will temporarily stop a foreclosure sale assuming the case is filed prior to the foreclosure sale, but the creditor will eventually be able to complete the sale after obtaining permission from the bankruptcy court.
I believe what you meant to ask was whether a Chapter 7 will discharge any deficiency owed after a foreclosure sale. The answer to that is yes.
Whether that is your best option or not depends on a number of factors, including potential tax consequences of the foreclosure sale, so you should consult with a bankruptcy attorney in your area to evaluate your situation more fully.
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau. Los Angeles Bankruptcy Lawyer
Answered on May 11th, 2014 at 2:23 AM