Legal Question in Bankruptcy in California

Re: Bankrupcy

I agree with Attorney Cohen, but will add (only because from your post its not clear what your true intent is) that if you are only trying to drag-out the foreclosure, messing with bankruptcy is a really bad idea. Filing a bankruptcy solely for the purpose of delaying a foreclosure is an abuse, and could subject you to some pretty heavy penalties. The other reason is that it just doesn't work anymore. People used to file successive bankruptcies to drag out a foreclosure, or use multiple people to file, claiming an interest in the property. The courts now give "In-Rem" relief from the automatic stay, which exempts the property from any further bankruptcy stays, regardless of who files. If your intent is to save the home, then you need to consult with an attorney about converting to Chapter 13.

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Re: Bankrupcy

No, but you can convert it to a Chapter 13 if a payment plan is feasible. It's not worth messing around on your own when real property is involved.