It takes me about a month to get all the paperwork ready to file with the bankruptcy court. If you can file an "emergency bankruptcy" and you think that will enable you more time to relocate, then go ahead and do it. An automatic stay pursuant to federal law will be in effect on the moment you file a bankruptcy. This means that no creditor can proceed with an action in State court. The sheriff has already given you a 5 day notice. But I do not know what the notice says. If it says you have 5 days to vacate, then you should vacate. Filing bankruptcy is not something you can just go an do so that you have more time to move. It is a very serious decision for which you need competent legal advice. The law changed back in 2005 so that people who are going to file bankruptcy must first go over their financial circumstances with an approved consumer credit counseling agency, and get a certificate saying that they have done so.
Answered on May 16th, 2012 at 11:31 AM