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Category: Bankruptcy Law
Satisfied Customers: 17223
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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A debtor received a foreclosure sale notice. The scheduled

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A debtor received a foreclosure sale notice. The scheduled sheriff's sale is 44 days away. The debtor is expecting to file Chapter 13 to stop the foreclosure. To stop the foreclosure sale, can the debtor file as late as the day before the sheriff's meeting? Or must the debtor file sooner?


Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarificati on.


Under the law if the debtor filed bankruptcy the day before that would stop the sale the next day or even on that day, the practical problem is that if notice is not given to the Sheriff prior to the sale, they will go on with the sale and it would be difficult to reverse it, it is best to file a few days before the sale date, or even file an emergency bankruptcy petition, which is just the creditors information and basic personal information, that would stop the sale and give you enough time to notify the sheriff of the filing.


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