Will filing for bankruptcy delay the foreclosure process?
My house is going into foreclosure and I don't know what to do. I do not have a place to go to. If I file for bankruptcy, will this prolong the process at all until I figure something out?
Answered By: Mercado & Hartung, PLLC
Yes, after you file a Bankruptcy then the automatic stay will restrain the sale temporarily.
Answer Applies to: Washington
Replied: 1/18/2012
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Answer Applies to: Washington
Replied: 1/18/2012
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of Susan G. Taylor
Yes, filing will delay the foreclosure process, if strategically done. You should discuss with an attorney your options under chapters 7 & 13.
Answer Applies to: Texas
Replied: 12/23/2011
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Answer Applies to: Texas
Replied: 12/23/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Heupel Law
Yes, in Colorado, bankruptcy will delay a foreclosure for 60 days.
Answer Applies to: Colorado
Replied: 12/21/2011
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Answer Applies to: Colorado
Replied: 12/21/2011
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Answered By: Janet A. Lawson Bankruptcy Attorney
It will delay it for about 30 days, "maybe" more.
Answer Applies to: California
Replied: 12/19/2011
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Answer Applies to: California
Replied: 12/19/2011
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Answered By: Indianapolis Bankruptcy Law Office of Eric C. Lewis
The bankruptcy automatic stay can delay foreclosure in Chapter 7 and in Chapter 13 can allow a debtor to prevent and stop foreclosure.
Answer Applies to: Indiana
Replied: 12/18/2011
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Answer Applies to: Indiana
Replied: 12/18/2011
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Answered By: The Law Offices of Deborah Ann Stencel
Filing bankruptcy will delay most civil, legal proceedings. However, bankruptcies must be filed in "good faith." So if you need a bankruptcy to deal with your bills, filing one may have the happy side effect of delaying your foreclosure for a limited time. Your question does not have enough details for me to give an opinion about what the best next step for you is. You could possibly need a Chapter 7, or benefit from a Chapter 13, or simply you might need some advice on the foreclosure process and the resources available to folks in your situation. You should call an experienced bankruptcy or foreclosure defense attorney immediately to discuss your options. Most bankruptcy attorneys will offer a free consult so you have nothing to lose.
Answer Applies to: Wisconsin
Replied: 12/16/2011
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Answer Applies to: Wisconsin
Replied: 12/16/2011
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Answered By: Mankus & Marchan, LTD
Once you file bankruptcy, the "automatic stay" goes into affect and all creditors, including the mortgage bank, are precluded from starting or continuing any collection activity against you. However, a mortgage bank will generally apply to the Bankruptcy Court to modify the automatic stay and will be able to resume the foreclosure procedure within a month, typically. However, under Illinois law, you cannot be evicted from your residence for a minimum of seven months after you are served with a summons of foreclosure.
Answer Applies to: Illinois
Replied: 12/16/2011
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Answer Applies to: Illinois
Replied: 12/16/2011
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Answered By: Guardian Law Group PLLC
It will place an automatic stay on all collection activities. But you will need to state your intentions with the house and the mortgage compamny will likely file a motion to lift the auto stay to proceed with the foreclosure but it will buy you about 2 months.
Answer Applies to: Utah
Replied: 12/16/2011
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Answer Applies to: Utah
Replied: 12/16/2011
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Answered By: The Northwest Debt Relief Law Firm
Yes it will unless you had bankruptcies pending a certain number of times during the last eight years in which case your attorney might actually have to file a motion to impose the automatic stay.
Answer Applies to: Oregon
Replied: 12/16/2011
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Answer Applies to: Oregon
Replied: 12/16/2011
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Answered By: Dan Wilson Bankruptcy
Depending on the foreclosure rules in your jurisdiction you can delay foreclosure for a significant time by filing bankruptcy.
Answer Applies to: Colorado
Replied: 12/16/2011
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Answer Applies to: Colorado
Replied: 12/16/2011
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Answered By: The Orantes Law Firm
A bankruptcy filing before a foreclosure sale has been completed will stop the foreclosure sale. For how long the foreclosure sale is postponed depends on the property, the bank involved and whether or not you want to keep the property.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Offices of Alexzander C. J. Adams, P.C.
Filing a bankruptcy will stay (stop) a foreclosure. A Chapter 7 case will delay the foreclosure and provide an opportunity to argue that relief from this stay should not be granted if an agreement should be made to catch up payments. If this argument fails, the lender will be able to foreclosure after a period of time. In Ch13, the debtor has the opportunity to catch up the arrearage payments over 60 months at 0% interest if necessary. These are powerful tools against losing a home to foreclosure.
Answer Applies to: Oregon
Replied: 12/16/2011
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Answer Applies to: Oregon
Replied: 12/16/2011
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Answered By: Law Office of Asaph Abrams
It'll buy some time; the real property becomes property of a bankruptcy estate and the foreclosure sale is stayed. The mortgagee can appeal to the court to lift such stay and resume foreclosure absent cure of the default. Chapter 13 permits a debtor to catch up on an arrearage and possibly strip off a second mortgage (think of that phiiiiiit velcro-sound-the second mortgage is the velcro; it's a nifty concept). However, bankruptcy is designed to permit the discharge of debt, during which process delayed foreclosure is incidental, but not the primary goal. This answer (as well as our Web site) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon; it creates no attorney-client relationship; it may be pertinent to CA only; it's independent of other answers. Hire legal counsel before acting or refraining from bankruptcy/legal action.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Diefer Law Group, P.C.
Yes, filing for bankruptcy will delay the foreclosure process. The exact amount of time it will give you will depend on the bank. Some banks will wait until the bankruptcy is over before they continue with the foreclosure. If so, this can give you five months or so in the property. Other banks will not wait and will seek court permission to foreclose. In these cases, a bankruptcy might get you an extra month or so.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Office of Christine A. Wilton
Yes, filing bankruptcy creates an injunction called the automatic stay. This "stay" stops all collections against you including the foreclosure. You have choices and a bankruptcy attorney can advise you.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Jakob-Barnes Law Firm, LLC
Yes, the first time you file bankruptcy, an automatic stay goes into effect that prevents a creditor from foreclosing on a house without the Court's permission. You should consult with an attorney to determine what type of bankruptcy would be best for your financial situation.
Answer Applies to: Georgia
Replied: 12/16/2011
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Answer Applies to: Georgia
Replied: 12/16/2011
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Answered By: Mazyar Hedayat and Associates
When a bankruptcy case is filed a universal self-executing injunction issues against all creditors wherever located and no matter what stage of collection you are in. The *Automatic Stay* is one of the principal features of bankruptcy and it will definitely cause a delay in your foreclosure. Once your case is filed, the mortgage company must suspend all foreclosure activity in State Court and secure a modification of the Automatic Stay from the Bankruptcy Court. Only then can it resume its foreclosure activity. All told the process could take anywhere from 30 to 45 days or more. After that however, the foreclosure action will resume. I recommend that you consult with qualified bankruptcy counsel in your area to ensure your rights before you file.
Answer Applies to: Illinois
Replied: 12/16/2011
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Answer Applies to: Illinois
Replied: 12/16/2011
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Answered By: Charles R. Nettles - Attorney at Law
Yes. It'll get you at least 90 days.
Answer Applies to: Texas
Replied: 12/16/2011
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Answer Applies to: Texas
Replied: 12/16/2011
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Answered By: AyerHoffman, LLP
Bankruptcy is a common method of stalling the foreclosure process, though there may be reasons a bankruptcy is not the best route for you. You should consult with a debt relief attorney, particularly one familiar with both bankruptcy law and foreclosure law.
Answer Applies to: Massachusetts
Replied: 12/16/2011
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Answer Applies to: Massachusetts
Replied: 12/16/2011
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Answered By: Sanders Law, P.A.
Yes, if you time it correctly, you can extend your time in the property. You can also consider retaining an attorney to defend your foreclosure, which could prolong your time there longer.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: The Law Office of Darren Aronow, PC
It will temporarily stop the foreclosure and will give you a little time, maybe a few months.
Answer Applies to: New York
Replied: 12/16/2011
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Answer Applies to: New York
Replied: 12/16/2011
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Answered By: Steven Harrell, Attorney at Law
The only real way to stop a foreclosure on a home is to file a Chapter 13 plan that has a realistic chance of paying out, and of paying down the mortgage arrearages. If you can afford to make the monthly payments on the home, but need time to pay out the arrearages, this is the best way to stay in your home.
Answer Applies to: Georgia
Replied: 12/16/2011
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Answer Applies to: Georgia
Replied: 12/16/2011
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Answered By: Moore Taylor & Thomas PA
Filing chapter 7 near the sale will delay the sale but maybe only a month.
Answer Applies to: South Carolina
Replied: 12/16/2011
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Answer Applies to: South Carolina
Replied: 12/16/2011
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Answered By: Law Offices of Michael B. Fisher
Yes, an automatic stay will apply even to foreclosure so filing a bankruptcy will certainly delay that process. In a Chapter 7 case the lender will usually ask the court to lift that stay a month or two into the case to continue with the foreclosure proceedings but that will at least buy you a few months. In a Chapter 13 case you can propose a plan whereby you pay back the amount that is past due spread out over a 3-5 year period while you make your normal payments in order to keep the property. Either way, a filing will buy you at least some time if not allow you to continue to own your home.
Answer Applies to: New Hampshire
Replied: 12/16/2011
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Answer Applies to: New Hampshire
Replied: 12/16/2011
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Answered By: J.M. Cook, P.A.
Yes. When you file bankruptcy, all collection activities are stayed.
Answer Applies to: North Carolina
Replied: 12/16/2011
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Answer Applies to: North Carolina
Replied: 12/16/2011
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Answered By: Lakelaw - Loop Bankruptcy
Filing bankruptcy in chapter 7 might delay your foreclosure but probably won't help you resolve it. Chapter 13 might delay it for a lot longer and might give you a vehicle to resolve your mortgage issues.
Answer Applies to: Illinois
Replied: 12/16/2011
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Answer Applies to: Illinois
Replied: 12/16/2011
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Answered By: Law Office of Michael Johnson
Yes but just the filing of the foreclosure does not mean you need to leave your home. You should consult with an attorney.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: Judith A. Runyon, Esq. Attorney at Law
Yes, for about 2 months.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Offices of Joseph A. Mannis
Yes, you can buy yourself two to three months, possibly more.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Carballo Law Offices
Filing a bankruptcy case will stop the trustee's foreclosure sale. The house cannot be sold until the bank obtains permission from the bankrutpcy case to foreclose or your bankrutpcy case is closed. You will usually gain about three months if you file a bankrutpcy case just before the trustee's sale but long you have after filing the bankrutpcy case will depend on how fast the bank gets their lawyers to ask the bankruptcy court to lift the automatic stay and let the bank sell the house.
Answer Applies to: California
Replied: 12/16/2011
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Answer Applies to: California
Replied: 12/16/2011
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Answered By: Law Office of Felipe A. Malo, P.A.
Yes bankruptcy will stop foreclosure for 3-6 months.
Answer Applies to: Florida
Replied: 12/16/2011
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Answer Applies to: Florida
Replied: 12/16/2011
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Answered By: Grace Law Offices of John F Geraghty Jr.
Yes, the filing of Bankruptcy triggers the Automatic Stay to stop foreclosure.
Answer Applies to: Georgia
Replied: 12/15/2011
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Answer Applies to: Georgia
Replied: 12/15/2011
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Answered By: Weber Law Firm, P.C.
Yes. A bankruptcy filing will stop a pending foreclosure sale.
Answer Applies to: Texas
Replied: 12/15/2011
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Answer Applies to: Texas
Replied: 12/15/2011
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Answered By: Bankruptcy Law office of Bill Rubendall
When you file bankruptcy there is an automatic stay that stops a foreclosure from going forward. However, the lender can file a Relief from the Automatic Stay motion to get permission from the court to go forward if this is a chapter 7 bankruptcy. A chapter 13 can be filed to provide a payment plan for the arrears. Consult with an attorney as to which chapter is better for your situation.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Harkess and Salter, LLC
A bankruptcy filing will delay foreclosure, but it may be as little as a month depending on the circumstances.
Answer Applies to: Colorado
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Colorado
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Bird & VanDyke, Inc.
Yes. Immediately upon the filing of your bankruptcy you get an automatic stay which is essentially a Federal Bankruptcy Court Order that instantly halts all creditors in their tracks. This stay will stop all things that creditors can do to you including foreclosures, wage garnsihments, bank levies, etc.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: William C. Gosnell, Attorney at Law
Yes but only for a short time if the creditor files a motion to lift the automatic stay. But even if they don't it will be over in 120 days.
Answer Applies to: Tennessee
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Tennessee
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Rosenberg & Press
Yes. When you file a legal devise called an automatic stay stops all previous legal proceedings for the pendancy of the bankruptcy. You should file a motion advising the court entitled Suggestion of Stay.
Answer Applies to: Connecticut
Replied: 12/15/2011
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Answer Applies to: Connecticut
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Ashman Law Office
You do not file bankruptcy and then try to figure things out. You might make things worse. You file bankruptcy after good advice and planning. Properly done and timed a bankruptcy may prevent or delay foreclosure and may even save your home. This is not a pro se project.
Answer Applies to: Georgia
Replied: 12/15/2011
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Answer Applies to: Georgia
Replied: 12/15/2011
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Answered By: Mikhail Law Group, APC.
Filing for bankruptcy will delay the foreclosure. It will allow you additional time in the house. When you file for bankruptcy, the "automatic stay" will not allow creditors to seize your assets until a court order allows them to do so. This order can take up 90 days and will allow you extra time in the house.
Answer Applies to: California
Replied: 12/15/2011
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Answer Applies to: California
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: The Stockman Law Office
Yes. Please do not wait until the last minute and answer any action for foreclosure to give you more time.
Answer Applies to: Florida
Replied: 12/15/2011
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Answer Applies to: Florida
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Law Office of William C. Wood, LLC
The foreclosure process will be delayed by the filing of a bankruptcy case. Whether it will provide enough of a delay to allow you to figure things out is an open question.
Answer Applies to: Maryland
Replied: 12/15/2011
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Answer Applies to: Maryland
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answered By: Symmes Law Group, PLLC
Yes it will but the delay will only be temporary in a chapter 13.
Answer Applies to: Washington
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
Answer Applies to: Washington
Replied: 12/15/2011
Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.
More Questions on Bankruptcy
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- When is it too late to add anything to my bankruptcy file?(12/21/2011)
