My home is scheduled for foreclosure auction can filing for chapter 7 bankruptcy stop the sale?

Asked over 5 years ago - Spokane, WA

My home is scheduled for a foreclosure auction in two weeks will the auction be canceled if I file for bankruptcy?

What action can I take against the foreclosure notice?

Attorney answers (3)

  1. John Donald Sullivan

    Contributor Level 11

    Answered . When someone files bankruptcy under any chapter, an "automatic stay" takes effect, which prevents anyone from taking any action to enforce a debt without the bankruptcy court's approval. That does not necessarily mean that the foreclosure will be cancelled. It may just be delayed. The lender will undoubtedly ask the court for "relief from stay" to go ahead with the foreclosure, but you have a right to object. You should immediately contact a bankruptcy attorney.

    PLEASE BE ADVISED: This answer and any information contained herein is not intended to be treated, and should not be construed, as legal advice. Rather, this answer is offered solely for general information purposes. This answer does not create an attorney-client relationship, nor does it create any kind of legal relationship, duty, or privilege. This attorney is licensed only in Washington.

  2. Nicholas William Juhl

    Contributor Level 10

    Answered . Upon filing a bankruptcy, civil cases against you will be stayed (put on hold). This will not offer permanent relief, though, as the party can then ask the bankruptcy court to lift the stay so they can proceed with the lawsuit.

    You should contact a local bankruptcy attorney to discuss all of your options.

  3. Gregory J. Jalbert

    Contributor Level 14

    Answered . Yes it will stop the foreclosure but probably only temporarily. I suggest you contact a bankruptcy attorney to discuss filing a chapter 13 if you want to keep your home.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

30,642 answers this week

3,213 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

30,642 answers this week

3,213 attorneys answering