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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31678
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My home is going into sheriffs sale on tuesday the 8th, I

Customer Question

hello, my home is going into sheriffs sale on tuesday the 8th, I need to file for bankruptcy under chapter (13?) my question is if i file today, will this prevent the coming events?
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.

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.

Expert:  Roger replied 1 year ago.

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.

Customer: replied 1 year ago.
I'm sorry, I should probably give more detail, I spoke with a lawyer near my town, the date of sale is proposed for tuesday the 4th, in four days time, between 12 and 5 ( at 2 it says) I need to complete the prefiling credit counseling, for the bankruptcy will my laywer still be able to complete the rest of the filing before the close of sheriff sale?
Expert:  Roger replied 1 year ago.

Tuesday is September 8th.....but your lawyer should be able to get this done before the sale date.

Expert:  Roger replied 1 year ago.

You just don't need to waste any time.

Customer: replied 1 year ago.
sorry, I was concentrating on the four days and wrote 4. is that reliant on him working the weekend or will he be able to file before the 12 o clock start time?
Expert:  Roger replied 1 year ago.

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).

Customer: replied 1 year ago.
probably not reliant on working the weekend or probably not able to file between his hours and the 12 start time?
Expert:  Roger replied 1 year ago.

That'd be up to the lawyer and his schedule.

Expert:  Roger replied 1 year ago.

But, it is possible to do.

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