Will Bankruptcy stay post foreclosure eviction?

Asked about 2 years 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 17


    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 16

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

Related Topics

Property foreclosure

If you miss too many mortgage payments, your lender can start foreclosure proceedings to take ownership of the property, but it has to follow your state's laws.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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