Legal Question in Bankruptcy in California

My husband and I are going our separate ways. We own a home and are upside down in it. Our payments are current but if we split up, neither of us can afford to live in the house individually. If I file bankruptcy as an individual, will I be protected from foreclosure, should that occur?


Asked on 7/13/10, 4:32 pm

1 Answer from Attorneys

Asaph Abrams Law Office of Asaph Abrams

I am sorry to hear that. Know that a bankruptcy-filing temporarily postpones foreclosure. However, there should be other valid reasons for you to file; bankruptcy is not intended to be a mere stalling procedure. Consultation with a bankruptcy attorney can help you determine whether you have valid reason to file, whether you should file, and when is the recommended time to file. She can also advise regarding timing issues with foreclosures.

Asaph Abrams

www.bankonitsd.com

Disclaimer: the above as well as any information found on our Web site is not legal advice and should not be relied upon. It does not create an attorney-client relationship. Unilateral communications may be misconstrued as they do not address all facets, nuances, and particulars, or all means of addressing a situation. This is strictly my opinion provided for general informational purposes and it pertains to California law. Seek legal and other professional counsel before acting in relation to bankruptcy. It's worth the cost.

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Answered on 7/13/10, 8:10 pm


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