Fact or Myth; Bankruptcy guarantees a stop to foreclosure.

Real Estate Broker/Owner with Liberty House Realty LLC

In an effort to disclose, let me first tell you that I am not a Bankruptcy Attorney....or any other type of Attorney for that matter. This blog is not to be interpreted as legal advice because, it's not. For legal advice you need to speak to a law professional. This blog is just my opinion and should be consider as nothing more.

In my opinion, the concept that Bankruptcy guarantees homeowners a stop to foreclosure is a myth! Let me explain why I have this opinion.

First off a creditor, your bank, can petition the court to remove the stay you received as protection from creditors when you filed for bankruptcy protection. In many cases, the moment the bank learns you filed for protection, they run to the court and ask for the stay to be lifted.

So, why would a court ever agree to this course of action suggested by the bank?

A simply reply, is because the bank has the right to ask and have their request considered fairly among the evidence provided to the court.

It also depends greatly on what type of bankruptcy protection you are under, if it's Chapter 7.....most likely the bank's request to lift the stay will be granted and that's because Chapter 7 bankruptcy isn't designed to protect you from foreclosure, sad but true. If you want a much better chance at protecting the home from foreclosure, you may want to consider Chapter 13 which puts you on a repayment plan and allows you to pay off your debts over time and therefore, gives homeowners a better chance of protecting the home however, either way....nothing is guaranteed.

Now, just because the bank request the stay to be lifted, it doesn't necessarily always mean it will be. The truth of the matter is, your Attorney will have arguments to the court, on your behalf, to keep the protection in place but, even then, nothing is guaranteed.

My point is, just because the bank request the stay to be lifted and just because your Attorney is going to argue against it, nothing and, I do mean nothing ever guarantees you will be able to stop foreclosure. It simply boils down to a variety of conditions such as, hardship, skill of the Attorney and the willingness of the court. Unfortunately, many times the homeowners' walk away wishing they never started the process from the beginning.

Ultimately all bankruptcy protection does is buy you some time. You will ultimately still find yourself across the table negotiating with you lender trying to save your home. Only this time, you are also having to pay Attorney fees.

A Short Sale may be a better option.


Re-Blogged 1 time:

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  1. Jessica Sulliman 02/14/2010 11:34 AM
Tennessee Davidson County Hermitage
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fact or myth bankruptcy guarantees a stop to foreclosure

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Ray Wright
Keller Williams Realty - Riverside, CA
SoCal Realtor - A.L.C.

There's been many a time that I've been at a lockout with the Sheriff or in an unlawful detainer court hearing and the occupants have filed BK.  Typically, if they file it correctly and on time, it delays everything.  However, many times, I've seen occupants use a paralegal or they just file themselves and they don't do it correctly.  They think they have more time and i show up with the Sheriff and kick em out.  very sad.

Feb 01, 2010 06:33 AM #1
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