Legal Question in Bankruptcy in California

Yes. Consult an attorney.

Filing for Chapter 7 while behind on your mortgage payment is legal, but where it is as good idea depends on many factors and you need to consult a qualified bankruptcy to find out the best answer for your.

Filing for Chapter 7 will temporarily stop a foreclosure proceeding, but you will still need to figure out a way to get caught on the mortgage payment if you intend to keep the house. You can try for a loan modification or reach some agreement with the bank to get caught up. Filing for Chapter 13 would help you propose a plan to the court to get caught up on the payments, but that could be a 3-5 payment plan too.

If you are walking away from the house and just need more time to move, Chapter 7 might make sense. However, you really need to see a local attorney to discuss your situation in more detail.

Without question, yes. It is done all the time. You may or may not be able to keep the house, but that is dependent upon the amount of equity, if any, and your ability to make the payments in the future. That's where the discussion as to whether you should be filing Chapter 7 or 13 comes in. But, to answer your basic question, yes, it is absolutely ok to do so. If you would like to discuss it more, please feel fre to give me a ring. Tel: (818) 591-9890