Legal Question in Bankruptcy in New York

Delaying foreclosure with bakruptcy filing

Can I delay a foreclosure auction (sale) in NY after a ''Judgment of Foreclosure and Sale'' has been rendered (Lis pendens process is over), by filing a chapter 7 Bankruptcy? I am thinking about doing this because I need time to get some title issues cleared up in order to sell the property.


Asked on 5/19/03, 10:25 am

3 Answers from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: Delaying foreclosure with bakruptcy filing

I need more information to adequately advise you. Please call my office and say you are calling from LAWGURU.com and I will give you a free telephone consultation at 718-888-3108.

Neil E. Colmenares, Esq.

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Answered on 5/19/03, 11:09 am
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Delaying foreclosure with bakruptcy filing

Yes but you need to file CH 13. Foreclosure can be "stayed" (delayed) right up until the day it goes to auction. E-mail me for more info.

Debra Palazzo [email protected]

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Answered on 5/19/03, 1:51 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Delaying foreclosure with bakruptcy filing

Yes, you may stop an action by almost any creditor through a bankruptcy filing and automatic stay. This is a common use of the bankruptcy laws. However, chapter 7 will not help you get clear of the lien and foreclosure in order to sell the property. For that you need chapter 13. You are welcome to a consultation at no fee at my offices at 42 west 44th st, ny,ny. Please call first for an appointment - 646-591-5786.

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Answered on 5/19/03, 3:19 pm


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