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Bankruptcy And Foreclosure

Bankruptcy And Foreclosure

Will Bankruptcy Stop A Foreclosure?

Yes, bankruptcy stops the collection of all debts immediately. Prior to losing your home to foreclosure, you can file bankruptcy and stop the process even if you cannot afford to keep your home a bankruptcy will stop the foreclosure process long enough to figure out what the best course of action is.

Can A Bankruptcy Help Me If My Home Is In Foreclosure And I Do Not Want To Lose Equity In My Home?

Yes, a bankruptcy can be used to stop foreclosure of a home and allow the owners to place the home on the market and sell the home and preserve the equity rather than letting the bank sell the home at a great discount give up all of the equity to the new buyer.

I Filed Bankruptcy And My Creditors Continue To Call Me. What Should I Do?

You should call your attorney immediately, if you do not have an attorney, call one. Most attorneys would be willing to help you file a contempt motion against the creditor seeking attorney fees and costs and damages.

What Kind Of Damages Can Be Awarded For Violating An Automatic Stay?

Damages for violating the automatic stay can range from an admonition to paying the debtor’s attorney fees and costs for a motion, actual damages for emotional distress and in cases where it’s egregious punitive damages.

I Left One Creditor Off My Bankruptcy Schedule. What Should I Do?

You should amend your schedules to include all of the creditors. If you have a no asset Chapter 7, the blanket discharge will discharge the debt, however there is no limit to that omitted creditors ability to seek non-discharge-ability action against you in the bankruptcy court. In a Chapter 13, the omitted creditor possibly could not be discharged. Therefore, it’s very important that upon discovering your schedules are inaccurate mending the schedules to ensure that they are accurate.

Do I Have To Show Anyone My Tax Returns During My Bankruptcy Case?

Section 521 requires you to provide your income tax returns for the two most recent years to the chapter 7 trustee and the chapter 13 trustee and if a creditor requests those documents in writing they must be provided.

I Haven’t Filed Taxes For Years, Am I Still Eligible To File For Bankruptcy?

The answer depends on which chapter of bankruptcy or filing.

For Chapter 7, you not required to file your current tax returns in order to file bankruptcy. You will have to provide your most recently filed tax returns to your trustee.

For Chapter 13, you are required to have filed the four years taxes that you are required to file prior to filing bankruptcy. The key is the tax returns that you are required to file. Many people who are on federal retirement such as railroad retirement or solely on Social Security are not required to file tax returns.

Do I Have To Provide Creditors With Copies Of My Paystubs?

You must provide 60 days prior to filing bankruptcy, pay stubs to your trustee. A creditor may request these documents in writing and you are required to provide them to the creditor. A creditor may request and receive permission to conduct a 2004 exam can require you to provide more documentation.

How Soon After A Prior Bankruptcy May I File Bankruptcy And Obtain Protection From My Creditors?

There is no waiting period to file a subsequent bankruptcy, however there is a waiting period to obtain a discharge. Depends on what chapter of bankruptcy filed previously. Typically, you file the Chapter 7 bankruptcy and received a discharge you must wait eight years from date of filing to file a second Chapter 7 and receive a discharge. You only have to wait four years to file a Chapter 13 and obtain a discharge. There other nuanced rules that apply that should be discussed with your attorney.

For more information on Avoiding Foreclosure Through Bankruptcy, a consultation with an experienced California Bankruptcy Attorney is your next best step. Get the information and legal answers you are seeking by calling (916) 685-7878 today.


Mr. Cianchetta is an OUTSTANDING attorney. I was a little nervous about seeing an attorney for my case. Mr. Cianchetta and his staff made my wife and I feel right at ease. He took extra time explaining what to expect before, during and after our process. His advice was right on!

- Jack M.
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