Legal Question in Bankruptcy in Illinois

If they have put my house in forclosure can I still file bankruptcy and keep the house?


Asked on 1/07/12, 11:33 am

1 Answer from Attorneys

Henry Repay Law Offices of Henry Repay

You may file until the foreclosure sale has been conducted. To get the default amount caught up, you will need to file under Chapter 13 and show that it is feasible to pay the default and certain other costs within a maximum of five years while also making your regular mortgage payments and meeting the other necessary expenses of life.

The scope of this space does not afford an opportunity to assess the situation and advise you. I recommend you assemble for legal consultation: (1) your income information for July 2011 through the present, including wages and unemployment during that period; (2) all your bills (copies neatly assembled, back pages included); (3) last four years� tax returns; (4) a credit report (use www.annualcreditreport.com to obtain free report if not requested in last year); and (5) other information that may apply, such as copies of lawsuits. Call at your earliest convenience to afford the most opportunity in which to be advised about your best course. You are not required to use an attorney in your area.

I do not recommend filing bankruptcy on your own. There are too many complex issues. I have seen several posts on this site for debtors who filed on their own and are seeking counsel concerning complications. Most of them will have a hard time finding an attorney to get involved to unwind the mess without the attorney charging several times what would originally have been paid.

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Answered on 1/07/12, 11:53 am


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