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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Were a nonprofit looking for pro-bono bankruptcy filing assistance/represe

Resolved Question:

We’re a nonprofit looking for pro-bono bankruptcy filing assistance/representation for a partially disabled woman in Florida. The foreclosure sale for her home is 5/27/10; she needs help filing for Chapter 7 bankruptcy (due to medical+housing debt) + getting an automatic stay of relief in place to stop the foreclosure process—which would give us some time to help her find new emergency housing. (She was referred to us last minute.) Thank you in advance for your help!
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 6 years ago.

Unfortunately we are not permitted by site rules to represent any of the site customers or have contact other than on this forum.

That said, she can consider filing a Chapter 13 bankruptcy herself

A Chapter 13 bankruptcy would immediately stop the foreclosure action.

She will want to purchase the forms on line and file them herself prior to the sale. After you file the petition, you will need to notify the plaintiff.

Customer: replied 6 years ago.
Is it correct that a Chapter 7 filing would also stop the foreclosure action?

We know that with Chapter 7, she will not be able to keep her home. But—in addition to addressing her medical debt—we are also trying to stop/stall the foreclosure so we have enough time to find appropriate temporary housing. Will filing for Chapter 7 cover all of this?

P.S. Thanks for letting us know about the site rules!
Expert:  Ellen replied 6 years ago.

a chapter 13 can be converted to a chapter 7 bankruptcy as of right by the debtor. Although a chapter 7 filing would stop the foreclosure action, it would likely only give her a few additional weeks. She can consider filing a chapter 13 bankruptcy so that she can buy the maximum amount of time in the home, she can then consider converting to a chapter 7 bankruptcy.
Ellen and 2 other Bankruptcy Law Specialists are ready to help you
Customer: replied 6 years ago.
Thanks for your help!