Legal Question in Real Estate Law in California

Contacting an attorney's office to do a bankruptcy is a start, but more has to happen before a scheduled trustee's sale must be "put on hold."

Usually, the attorney must prepare the basic bankruptcy filing papers, get the client to sign, then take (or otherwise transmit) the signed bankruptcy petition to the United States Bankruptcy Court with jurisdiction. In addition, the papers must name the lender/creditor, and the creditor and the trustee should be notified by telephone and e-mail as well as served through the court's usual giving-of-notice mailing process.

This is all actually pretty simple, not at all beyond the ability of many parties acting without attorneys and filing their own bankruptcies (although it gets more complicated after the initial filing, and do-it-yourself BKs are not recommended). Nevertheless, the filing process has to happen -- the mere threat of a bankruptcy filing is probably only going to pressure the lender into acting faster.

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We are having great success in southern California federal court

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