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Will Bankruptcy stay post foreclosure eviction?

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


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!

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5 lawyers agree


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

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2 lawyers agree


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.

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3 lawyers agree


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

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