Fresno, CA asked in Bankruptcy for California

Q: If we're already in foreclosure can we file for bankruptcy?

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4 Lawyer Answers

Ronald Holland

Answered
  • Bankruptcy Lawyer
  • Roseville, CA
  • Licensed in California

A: Yes! Chapter 13 is used by many people to not only stop the foreclosure, but the repay the past due mortgage while keeping the ongoing mortgage current. If that's your situation, you should talk to an experienced bankruptcy attorney in your area to find out if that would be a good option for you. You may be able to save your home, get caught up and take care of all of your other debt at the same time.

Peter Maurice Lively agrees with this answer

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Yes.

Harlene Miller

Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Yes you can. If you have received a notice of the sale, it is critical to pay attention to not only the date for the foreclosure sale but also the time of the sale. I urge you to meet with an experienced bankruptcy attorney to analyze your options including Chapter 7 or Chapter 13. Chapter 13 allows a plan being proposed to cure the late payments and prevent foreclosure - however, you must have a source of income. Meeting with a bankruptcy attorney for this analysis of options should be done as soon as possible.

Theodore Allan Greene

Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes you can file for bankruptcy. There are many options available to you when you are in foreclosure and bankruptcy is probably the most used. Sometimes you can file a lawsuit if the bank is not treating you fairly. The banks have been very dysfunctional during the whole housing crash and we have seen things you would never expect from a major bank but it happens. The most important thing for you to do is DOCUMENT everything with good proof. Always ask the bank to put discussions in writing and save copies of everything you send them and send everything Certified Mail.

Peter Maurice Lively agrees with this answer

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