Will Bankruptcy stay post foreclosure eviction?

Asked over 1 year ago - Clark, NJ

My home has been foreclosed upon. There was a judgment entered and now we have an eviction notice from the court.

My question is if we file for Chapter 7 bankruptcy now, would it give us more time to move? would automatic stay prevent the sheriff from kicking us out of our home?

Attorney answers (4)

  1. Dorothy G Bunce


    Contributor Level 20


    Lawyers agree

    Answered . The bankruptcy filing can provide you with a brief delay of an eviction, but remember, you do not get to continue to run up debts after filling, so your landlord 9the new property owner) would be entitled to collect rent from you for the additional time you are allowed to stay in the property.

    Hope this perspective helps!

  2. Matthew R Schutz

    Contributor Level 16


    Lawyers agree

    Answered . I agree with counsel. You will get a stay, but you need to keep current with the rent.

  3. John Paul Thygerson


    Contributor Level 17


    Lawyers agree

    Answered . A bankrptcy filing results in a temporary stay of any state proceedings. At best, it will buy you some time to get your economic affairs in order.

  4. John P Fazzio III


    Contributor Level 15

    Answered . Filing bankruptcy will buy you some time by staying the eviction proceeding. But, delay for the sake of delay is not a strategy.

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

Get free answers from experienced attorneys.


Ask now

26,398 answers this week

2,905 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

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

26,398 answers this week

2,905 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary