Q: Can I file bankruptcy to stop a foreclosure if I am the spouse. The judgement from the bank is in both our names.
If you are named on the deed, you have a legal interest in the home that the bankruptcy stay will protect.
Even if you are not named on the deed, the fact that you live in the house (assuming you do), then you have at least a possessory interest in the home that is also protected by the automatic stay that kicks in the instant a bankruptcy case is filed.
A joint filing by both you and husband will be stronger yet.
You do not specify which form of bankruptcy you might file. A Chapter 7 gives you the automatic stay protection, but it is short-lived, perhaps four or five months. A chapter 13 is for a number of years (as long as five) and enables you to cure an arrearage in the mortgage while the arrearage amount is set aside as interest-free, to be cured through your Ch. 13 plan.
Have a candid conversation with a Kansas bankruptcy lawyer about your options at the point. Do so at your earliest convenience, as once the gavel comes down at a sheriff's sale in foreclosure, you will have no interest in the property left to protect.
Timothy Denison agrees with this answer
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