Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
As soon as a Bankruptcy is filed, the automatic stay will suspend foreclosure proceedings. Those proceedings must stop - at least temporarily - if only one spouse files or if both spouses file, as long as the filing spouse's name is XXXXX XXXXX mortgage or deed. It does not matter if the filing spouse's name is XXXXX XXXXX the mortgage.
I think this is what you wanted to know. If not, please let me know.Thank you!
With a Chapter 13 the lender will be forced to allow you to pay the arrears over a 5-year period, in addition to the regular mortgage payment. If you can afford to pay this, you will be able to keep the house.A Chapter 7 can only stop the foreclosure temporarily - until the lender files a motion asking for the stay to be lifted, or until the Bankrutpcy case is closed (around 6 months after filing).
So yes - to keep your house, you would have to file a Chapter 13.