Legal Question in Bankruptcy in California

My home is scheduled for foreclosure auction this week. Is it unreasonable to file an emergency ch 13 to stop the sale nd then have a lawyer help me file the rest. Also, how much is one

Allowed to add with the final version? I just want to get the house protected asap. Thanks


Asked on 10/06/10, 7:18 am

3 Answers from Attorneys

Arthur Stockton Stockton Thornton LLP

Yes, it is reasonable and bankrutpcy court may be the one place where the lender must prove standing. In other words, the paperwork concerns being raised around the country can be asserted in bankruptcy court. Otherwise, as a non-judicial foreclosure State, a California trustee's sale skips the tests and formalities required in Court.

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Answered on 10/11/10, 7:53 am
Robert F. Cohen Law Office of Robert F. Cohen

A word of caution, though: if you can't pay the arrears over time and keep up on future mortgage payments, and propose a feasible Chapter 13 plan, it's possible that the lender will seek relief from stay and your filing will only delay the foreclosure for a short while. Don't forget that you're required to take the credit counseling course before you file a bankruptcy.

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Answered on 10/11/10, 10:19 am


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