San Jose, CA asked in Bankruptcy and Foreclosure for California

Q: I live in California and I am in Chapter 13 bankruptcy. There is a foreclosure sale date of 12/19/17 on my house.

The bankruptcy judge granted a stay of 6 months, starting 09/15/17. Can the foreclosure proceed on 12/19? Or does the foreclosure sale have to be postponed until the end of the 6 month stay period (3/15/18)?

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2 Lawyer Answers

Leon Bayer

  • Bankruptcy Lawyer
  • Long Beach, CA
  • Licensed in California

A: I wish I could help you, but it's not possible to offer guidance on something so specific unless a lawyer can see all the relevant paperwork. You should consult your own lawyer immediately, and if you don't have a lawyer I think you better get one or else you won't know what your rights are.

Theodore Allan Greene

  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should ask your lawyer this question right away. If you don't have a lawyer you should seriously consider getting one. I hear bankruptcy judges all the time tell people without an attorney how difficult a Chp 13 is and how many fail without an attorney.

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