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Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
Experience:  Managing Attorney for one of the largest consumer bankruptcy firms in America.
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Pennsylvania - Northampton County... My fiance is going through

Customer Question

Pennsylvania - Northampton County...
My fiance is going through a divorce. They are both on the deed and the mortgage is in his name only. He moved out in 2009. They agreed to pay their own living expenses. She stopped paying the mortgage May 2012. The house is going to a sheriff sale this Friday at 10 a.m. She has not gotten a mortgage on her own. He is concerned about his 14 year old son that lives with her, having a place to live, so he was considering bankruptcy to stay the sale.

How long will it take to file the paperwork and file? Also, he would probably withdrawal the bankruptcy. It is just to forestall the sheriff sale. I need information on timing and how long it takes to be able to withdrawal. Again, the sheriff sale is this Friday at 10 a.m. Again, how fast - how much will it cost and how much time does he have to withdrawal the bankruptcy before it's final and cost to withdrawal? Also, how long will it forestall the foreclosure sale?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Elizabeth Prentice replied 3 years ago.
I am a bankruptcy attorney and I would be happy to assist you. The filing fee for a Chapter 7 bankruptcy is $306.00. Some attorneys can be hired to file an emergency petition the same day, which does not have any information listed on the schedules, and allows for the debtor to amend at a later time. This procedure is used frequently to stop a foreclosure sale. Attorney fees vary for this type of procedure from $500 to $1,500 for attorney fees, plus the above mentioned filing fee. You should call local bankruptcy attorneys in your area if you are interested in performing this type of bankruptcy.
If the schedules are not properly corrected, the trustee will dismiss the case after the 341 hearing, which is approximately 30 days after you file. Once the case is dismissed, the foreclosure process will resume.

I hope my answer has assisted you and that you will leave me a positive rating!
Customer: replied 3 years ago.

What is the applicable time to withdrawal the bankruptcy as he doesn't wish to really go through with it? Just to forestall the sale?

Expert:  Elizabeth Prentice replied 3 years ago.
You can withdraw at any time, but if the schedules aren't corrected, then the case will merely be dismissed by the trustee after the 341 hearing, whether they wish to withdraw or not. Thus, filing will only delay the foreclosure 30 days. Please remember to rate my service. If you need help in the future, please feel free to request me by name!