Legal Question in Bankruptcy in California

There are a lot of additional facts required, which would help any attorney on this forum answer your questions better. Given the lack of any facts, here is the best I can do:

1. Filing bankruptcy solely for the purposes of delaying eviction from the property is not a legitimate purpose for filing bankruptcy, and may result in the case being dismissed if there are not other reasons for filing. It is also improper for any one to counsel you to use bankruptcy to delay eviction or foreclosure. I am not suggesting that this is why you are filing, but please understand that the United States Trustee (who oversees all bankruptcy cases) can be very hard on a debtor if they appear to be using the bankruptcy courts for an improper purpose. That being said, you can file bankruptcy before or after your home is foreclosed. Filing before the foreclosure will require the lender to seek "Relief from Stay" in your bankruptcy before completing their foreclosure.

2. This is a complete unknown. It depends upon how long the lender will take to file and prosecute a motion for relief from the automatic stay, then pursue it's state remedies to evict you. The notice period for a Motion for Relief from stay is generally 21 days, but can be less if they seek relief on shortened notice.

3. A HELOC is not wiped-out by a foreclosure, unless the HELOC lender is foreclosing under the Deed of Trust securing the HELOC loan. Bankruptcy generally can eliminte personal liaiblity for a HELOC loan, but there can be exceptions. You need to consult with an attorney to determine if there any factors which would prevent it from being discharged.

4. Again, this is a fact-specific question that you need to review with a bankruptcy attorney. It is also dependent upon which chapter of bankruptcy you file. If you file a chapter 7 bankruptcy, and you have equity in the other property, it may be subject to liquidation by the Chapter 7 trustee.

In general, I would have to say that you would be very well served to consult with a knowledgeable, experienced bankruptcy attorney. Most offer a free consultation, and with the appropriate facts, can better opine as to what you can and cannot do. Good luck!

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