my house will be forclosed in 12 days can i file bunkruptcy?

If you are being foreclosed upon in 12 days you may file a chapter 13 bankruptcy to stop the foreclosure on your house. When you file either chapter 7 bankruptcy or chapter 13 bankruptcy what is called the automatic stay comes into place and this keeps creditors from foreclosing, debt collection and taking you to court. Now a chapter 7 will not help you save your house or car, unless you are all court up on payments, you will not be able to keep them in a chapter 7 bankruptcy. Since you said that your house is in foreclosure, that obviously means that you are not up to date on your payments, therefore chapter 7 bankruptcy would not help you, but chapter 13 bankruptcy would. In chapter 13 bankruptcy you get to keep making normal monthly payments on your mortgage and car loan, and get a three to five-year. Two pay back the payments that are in arrears. This basically works when someone lost their job for a while and now has a job again and can make their monthly payments once more. Another advantage to a chapter 13 bankruptcy that the vast majority people are not aware of is you can't force the bank into "good faith" review of a mortgage modification. With this means is when you go to get under mortgage modification you have no legal rights, there is no legal right to a mortgage modification, any bank can just say no at any time and they usually do. Always in a chapter 13 bankruptcy the bank must give a valid reason that you cannot have a mortgage modification, they cannot simply say that you are not approved. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147