Foreclosure

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Using the Bankruptcy Code...

Filing a Chapter 7 case will sidetrack a lender’s right to foreclose. Unless a lender can get permission to go forward with the foreclosure proceedings by requesting and receiving “relief from the automatic stay” from the court, you are "home free". That relief is not likely to be granted unless the lender  can demonstrate "lack of adequate protection" by showing depreciating collateral or one of several other means. The burden is always on the creditor in a lift stay proceeding to show special and unusual circumstances, and the lender must further demonstrate to the court that the property is not necessary to the debtors effective debt reorganization.

A Chapter 7 can permanently stop a foreclosure, if the creditor agrees or the homestead (exemption) laws stop the liquidation of the property.

If the conditions above that must be met in Chapter 7 cannot be met in order to permanently stop a foreclosure. The solution to that problem that then is to file under Chapter 13 bankruptcy. The A confirmed Chapter 13 plan can provide for continuing monthly payments on the mortgage and paying off the arrearages over the life of the plan (three to five years). Learn more...
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San Diego Bankruptcy Lawyers: Home foreclosures

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