Legal Question in Real Estate Law in Pennsylvania

If property and house have been foreclosed on. Wil filing backruptcy allow me to keep the house

Asked on 6/02/11, 9:42 am

1 Answer from Attorneys

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It depends on what kind of bankruptcy. You are obviously behind on your mortgage. Generally filing the bankruptcy petition stops everything in its tracks because there is an automatic stay (assuming that you have not filed before or if you did that you filed a chapter 7 more than 8 years ago or 2 years for a chapter 13). In a chapter 7, you have to figure out a way to get current if you are behind. If you cannot get current, either the lender will ask the court to lift the automatic stay so they can continue withe foreclosure or else they will wait and continue once the bankruptcy is completed. A chapter 13 bankruptcy will allow you to keep the house and get caught up on the amount that you are behind over a 3-5 year period.

I don't know enough about your circumstances, why you are in default and by how much, how you can cure it or your other debts, if any, and assets. I would urge you to immediately seek out a bankruptcy attorney and get a consult with him or her.

I don't handle bankruptcy in PA.

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Answered on 6/08/11, 1:20 pm

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