QUESTION

If a final judgment has been interred can bankruptcy stop the sale?

Asked on Oct 19th, 2014 on Bankruptcy - New York
More details to this question:
I have no credit card debt and my credit is destroyed. I owe probably two times and then some of worth and this has destroyed my family. Now Iโ€™m going to have to fight for my kids too since they were threatening to prosecute my fiancรฉ who isnโ€™t even on my mortgage.
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4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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I'm assuming that the final judgment has been entered rather than interred (buried). Yes, filing bankruptcy before the sale occurs will stop the sale. The question is can you permanently stop the sale by paying off or making current the debt in a Chapter 13. If you can't afford the make the necessary payments in a Chapter 13, then you're just getting a temporary delay in the sale. If your fiance isn't on the mortgage, it isn't possible to collect from her.
Answered on Oct 21st, 2014 at 8:37 PM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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I am not sure what interred means but I am guessing you meant entered. If you don't understand a legal term, don't use it because using the wrong term can get you the wrong answer. It would have helped if you had described what kind of judgment is involved and what kind of property is subject to being sold. Typically, filing bankruptcy can temporarily stop the collection process, so filing bankruptcy could stop the sale of something a creditor has the right to seize. I am confused by your statement that owe probably two times and then some of worth. Honestly, what does this mean to you, because it means nothing to someone who has never met you! And your additional remark about fighting for your kids and your fiance problems how does that relate to your financial issues?
Answered on Oct 21st, 2014 at 8:26 PM

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In Nebraska, a homeowner in a judicial foreclosure of mortgaged homestead realty has the right to redeem property prior to the entry of an order confirming the sale. If you are considering bankruptcy as an option, time is not on your side, you should immediately discuss the matter with a bankruptcy specialist.
Answered on Oct 21st, 2014 at 10:34 AM

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Bankruptcy Attorney serving Schenectady, NY
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Yes bankruptcy can stop everything. You have to move quickly though.
Answered on Oct 21st, 2014 at 8:53 AM

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