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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 29269
Experience:  29 years in civil, probate, real estate, elder law
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Due To my Wife Getting thyroid Cancer And Her Being Out Of

Customer Question

Due To my Wife Getting thyroid Cancer And Her Being Out Of Work Almost A Year, We got Behind on Everything, Including Mortgage, im Filing Chapter 7 Within A month , From A legal Stand point, What Can I Do When I File Bankruptcy To Buy Myself Some Time In Regards XXXXX XXXXX Mortgage Situation? They Are Giving Me 30 Days To Try To Come Current, When I Submit My Bankruptcy Papers, Im Just Trying To See From The Legal Aspect How I Can Buy Time And What To Tell My Mortgage Company. I Live In The State Of arizona, I Know Theres A Homestead Act Of Up To 150,000$ In The State Of Arizona, But That Doesnt Apply To This Situation I Believe, Only Protection Against Creditors.
Submitted: 5 years ago.
Category: Legal
Expert:  Ray replied 5 years ago.
Thanks for your question. Well the filing here for Chapter 7 stays foreclosure here so short term here it is the best thing. Unless they have posted it for foreclosure sale then you just have to file right before it is posted.

I would urge you to talk to a bankruptcy about timing your filing here. that way you will be able to maximize your time in this matter. Know that ther is a means test here to decide if you qualify for Chapter 13 or 7 --this means they check your income here in the matter.

Means test information..

http://www.nolo.com/article.cfm/objectId/8400442E-EEE8-4479-A8D109AFB7E2E9CA/213/161/128/ART/


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Customer: replied 5 years ago.
yes, i got a free consultation from a bankrupt attorney online, faxed my info and he stated i met the means test. he did do that for free, im not in forclosure, how does a bankruptcy buy you time?
Expert:  Ray replied 5 years ago.
Well there is an automaitc stay of any debt collection including foreclsoure until the corut lifts it. So it freezes all bill collectors including the mortgage lender. There are many bankruptcies filed on the Monday before a first Tuesday of the month foreclosure sale.

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