Will we still lose our home if we file?

I am assuming you mean that the bank is going to start foreclosure process on your house, not eviction. Yes if you file either chapter 7 or chapter 13 bankruptcy, the automatic stay of the bankruptcy will stop all foreclosure proceedings from moving forward. The only way the bank to move forward, is if they file a motion for relief from stay and if granted they can proceed with her foreclosure. I chapter 7 will stop the foreclosure, but since your behind in payments it will not give you the means to catch up and you will eventually lose the house anyway. What you will need to file in this situation is what's called a chapter 13 bankruptcy, you can establish a repayment plan for the month your behind in the mortgage and the bank will have to resume accepting your normal monthly payments. 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 #bankruptcy  #lawyer  #FallRiver  #Chapter7  #chapter13  #debt  #debtsettlement  #foreclosure  #attorney   #cantpaybills  #lawsuit  #court  #bankruptcycourt  #eviction  #lostmyjob, #student, #loans, #education, #IRS, #taxes