Legal Question in Bankruptcy in California

Avoiding Sheriff's Sale

My understanding is you can avoid a Sheriff's sale by filing a skeletal bankruptcy - you file the petitiion for bankruptcy in order to stop the sheriff's sale for a period of time. I thought you can file the initial 3 pgs of the Form & file it with the court - then follow up with the documentation later - is this true - can it be done quickly or do we still have to go through the entire process for this to be done?


Asked on 11/27/06, 2:30 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Avoiding Sheriff's Sale

You will have to take the online credit counseling course within 6 months before filing bankruptcy. Then, if you qualify, you could file a skeletal bankruptcy and file the remaining forms within 15 days.

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Answered on 11/27/06, 2:55 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Avoiding Sheriff's Sale

Filing a skeletal bankruptcy should be done with extreme caution. Failing to obtain competent could result in a dismissal of your bnakruptcy. In extreme cases, you can even be barred from filing BK for up to 6 months.

Until you file a proper motion with the court, you should to take the online credit counseling course before filing bankruptcy. You should file the petition and at least a list of creditors.

Filing for bankruptcy creates an automatic stay that stops most lawsuits and foreclosures until the case is dismissed or discharge. See a local attorney for more detailed advice.

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Answered on 11/27/06, 3:47 pm


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