Legal Question in Real Estate Law in California
My bank sold my house after failed loan modification attempt. Will filing a bankruptcy delay the eviction? Contra Costa County California - thanks in advance!
Asked on 8/22/12, 8:08 am
2 Answers from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
As I understand it, a bankruptcy will temporarily halt a foreclosure sale, but not a post-sale eviction.
Answered on 8/22/12, 9:27 am
I believe a bankruptcy stay extends to all litigation against the debtor, at least temporarily, on the principal that all existing assets of the debtor must be preserved, and so incurring attorneys fees on any litigation is stayed until the Bankruptcy court OK's it.
Answered on 8/22/12, 2:38 pm