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Yes, a BK does not negate foreclosure action it simply delays it. For the homeowner to avoid such action they must reach a solution such as reaffirmation of the lending contract with the mortgage holder.

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Q: Does it count as a foreclosure if you already filed bankruptcy?
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When we file the Motion to reinstate does this stop foreclosure process?

Once this motion is recorded it should stop the foreclosure process. Actually, once the bankruptcy is filed, the foreclosure process should already be stopped.


If you filed chapter 7 in 2005 and your house was foreclosed on in 2007 do you have to pay taxes on it?

If the foreclosure was not part of the bankruptcy, yes.


Can you save your house from foreclosure?

Yes you can save your home from foreclosure. This is a primary reason people file for a Chapter 13 Bankruptcy, the automatic stay can stop a foreclosure as long as it's filed before the sale takes place.


How does a foreclosure work if it is due to an agreed order with the mortgage company while in Chapter 13?

The foreclosure will simply continue as it normally would have if the bankruptcy had not been filed, except for any special provision made in the order allowing the foreclosure to cotinue.


We filed chapter 7 bankruptcy. When can the bank take the house?

When you either voluntarily give up the house or you stop making payments (foreclosure).


Can you refile chapter 13 bankruptcy under the new bankruptcy law after your case was dismissed to avoid foreclosure?

A chapter 13 can be filed if it has been at least two years from the date the first filing was dismissed.


If you have already filed bankruptcy but have not been to your hearing yet can you add a medical bill that has just happened to the bankruptcy?

No, only pre-petition debts may be discharged in a bankruptcy.


If you filed Chapter 7 bankruptcy 5 years ago can you file again on your home and when?

There is a six year limitation for BK filing. Bankruptcy will delay but not stop foreclosure on secured property, unless the debt is reaffirmed with the lender.


What happens in foreclosure if you have filed bankruptcy?

In most cases, foreclosure action is suspended until the BK is ruled upon either by discharge or dismissal. The mortgage holder may request a stay from BK proceedings, if it is granted the foreclosure process as defined by the laws of the state in which the residence is located will continue.


Process to foreclose after an automatic stay is lifted?

If the automatic stay is lifted and no foreclosure has been filed, one just needs filed as normal. If the foreclosure was already filed and the automatic stay was lifted, the creditor simply informs the Court with the foreclosure that the stay was lifted and the case will resume. Speak with an attorney about your specific situation. If you can not find an attorney, contact your local Bar association and they will refer you to one.


HAS kaiser permanente ever FILED bankruptcy?

do you know if kaiser permanente filed bankruptcy?


What effect does filing bankruptcy have on liens that have already been placed on property?

Whether or not a motion can be filed and will be granted for a lien to be removed after the bankruptcy has been filed depends upon individual circumstances. The expungement liens can be very complicated and it is best to have the action undertaken by a qualified bankruptcy attorney.