Immediately and Automatically!
Filing a Bankruptcy case will automatically stop a Foreclosure lawsuit, and even a Foreclosure sale of your home. That is why a Bankruptcy filing is called the Automatic Stay. The Automatic Stay not only stops a Foreclosure in its tracks, it also stops any other creditors such as credit card companies from even calling you.
An experienced Bankruptcy attorney regularly files her Bankruptcy cases electronically. That means that even if I file a Bankruptcy case 1 minute before a Foreclosure Sale is about to occur, (and I have done so many times!) the sale must be stopped.
In fact, if I file a Bankruptcy case electronically, and I don’t notify the Foreclosing bank or the auctioneer, and the sale goes forward, the sale is automatically null and void, by law.
Also, a full-time Bankruptcy attorney should know each staff member in the Bankruptcy court, including the Judges and their staffs, in order to ensure that the Bankruptcy case has been filed correctly and has stopped the Foreclosure Sale of your home.
And once the Bankruptcy case is filed, a Bankruptcy lawyer can apply for the Loss Mitigation Program and proceed to obtain a Loan Modification for the homeowner.
Bankruptcy and the Automatic Stay can provide a debtor with the safety net she is looking for.
If you are struggling to make payments on your mortgage, or the bank has started a Foreclosure lawsuit against you, or has even scheduled a Foreclosure Sale of your home, it is crucial to discuss Bankruptcy with an experienced attorney that can not only help you save your home, but find you a fresh, debt-free start. If you have questions about Foreclosure and Bankruptcy, contact our firm today.
If you require the services of an experienced Foreclosure defense or Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options.