QUESTION
If I filed chapter 13 today, would that stop the sale?
Asked on Mar 22nd, 2017 on Bankruptcy - Oregon
More details to this question:
I found out that the bank is going to sell my house tomorrow. I had no idea that it was going to happen so soon and so quickly.
6 ANSWERS
Yes, probably. You have a ton of deadlines to meet. I'm assuming you filed a CH13, and I'm assuming you filed a partial petition. Meet with a lawyer ASAP!
Answered on Jun 20th, 2017 at 7:54 AM
1 Award
Yes, a chapter 13 filing immediately stops a foreclosure sale.
Answered on Jun 16th, 2017 at 6:12 PM
Yes, as long as you file a bankruptcy with the Court before the sale actually takes place, the filing legally stops the sale.
Answered on Jun 16th, 2017 at 6:12 PM
Yes, but be aware that you have to take a mandatory credit counseling course online or by phone before you can file for bankruptcy, in addition to all the other paperwork which would include, at minimum, a list of all your creditors. You need to act fast!
Answered on Jun 16th, 2017 at 6:12 PM
Filing Chapter 13 will delay the sale of real estate, but unless the Chapter 13 can go through to confirmation or result in a resolution of the problem, any delay will be temporary. This is a one shot opportunity and do not blow it by rushing into it like a bull in a china shop. Get expert representation or prepare to start packing.
Answered on Jun 16th, 2017 at 6:12 PM
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Filing the Ch. 13 will stop the sale but must also GIVE NOTICE IMMEDIATELY TO THE COURT AND TO THE CREDITOR'S LAWYER. Remember the Bank can move for Relief from Stay if they have grounds, and your Ch. 13 Plan will have to provide for full payment of any arrearage. You can be very much helped by an experienced Bankruptcy lawyer.
Answered on Jun 16th, 2017 at 6:12 PM