Legal Question in Bankruptcy in Illinois
Foreclosure Sale After Bankruptcy
What happens if I file bankruptcy two days before a foreclosure sale on my home, but the sales company proceeds with the sale anyway, even though they were notified?
What happens to my home, and what would happen to the sales company and others involved in the sale?
1 Answer from Attorneys
Re: Foreclosure Sale After Bankruptcy
If you filed a chapter 13, and you or any other titleholder to the property have never filed chapter 13 before, and you do so before the sheriff's sale, then the sale is technically invalid and you would have to go to state court to claim your defense in that proceeding, as you have automatic stay protection. If you have filed before, you get that protection for 30 days, but you can extend that by motion of the court. If it is your 3rd case in a a year, you get no protection from foreclosure until you petition the court to get it. Absent any specific order for the property otherwise, you should be able to protect the home from foreclosure by filing the bankruptcy.
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