Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hi - my name is ***** ***** I'll be glad to assist.
Yes, if you file bankruptcy anytime before the date of the sale, the automatic stay will go into effect and the sale will be stopped. Of course, it's best to do this as quickly as possible so your lawyer will have time to get the petition filed and also to notify the creditor that you have filed so it will cease/suspend its foreclosure proceedings.
After you file the case, you will have the opportunity to establish a payment plan that will allow you to restructure your mortgage into payments you can afford.
Tuesday is September 8th.....but your lawyer should be able to get this done before the sale date.
You just don't need to waste any time.
Probably not......but it would require the lawyer to get the petition done sometime between now and the sale date/time (obviously). Bankruptcy petitions are forms and the lawyer just goes in and fills in the blanks, so it's not a long process.....and there are portions that are not required to perfect a filing (meaning that you can file some parts after the initial filing).
That'd be up to the lawyer and his schedule.
But, it is possible to do.