The bank has foreclosed on my house a week ago and I am trying to figure out if filing for BK will allow me to get the house back and get current on my payents.
No. The time to have protected your property from foreclosure with a bankruptcy was before it was sold, not after. Your rights for relief from foreclosure are governed by CA law, in any event. If you have any basis to set-aside the sale you can do it in state court if your lender will not agree to set it aside.
You should promptly consult counsel to determine if you have any basis under CA law to set-aside the sale. Since those circumstances are few and would require a detailed review of your case by an experienced attorney, you should not expect a such a consultation to be free of charge. Good luck.
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5 lawyers agree
Chapter 11 Bankruptcy Attorney
I agree with Mr. Daymude. I'll add that don't be fooled into filing for a bk to delay these guys, that will end up costing you some $$ and result in nothing.
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2 lawyers agree
Chapter 11 Bankruptcy Attorney
While there *are* times at which you can recover property after repossession/foreclosure, as the above California attorneys point out, foreclosure in California is not one of them.
To get property *back* through bankrtuptcy, as opposed to not getting it taken, you must still have a right to get it back under state law, such as a redemption period on a repossessed vehicle, or (in some states) a redemption period on a mortgage.