Legal Question in Bankruptcy in Florida

The answer is possibly. Your father needs to consult with a bankruptcy attorney to review his options. There are many factors to be considered before he decides wheter he should file.

If your father is one of the defendants in the foreclosure case (because he's a co-signor on the mortgage), then his filing bankruptcy will stop the foreclosure sale. However, the foreclosing bank can always file a motion in the bankruptcy court asking for permission to complete the foreclosure sale, and that will be probably be granted. Whether your father is a good candidate for bankruptcy is another question, given his total assets and debts. Our firm handles a lot of bankruptcy cases, as well as foreclosure defense cases. We would be happy to discuss the situation with you. We offer a free initial consultation.