You can file a skeletal or emergency Chapter 7 bankruptcy case to stop that foreclosure sale. The steps are not complicated and ordinarily quick if filed through a qualified attorney.
The immediate benefit of filing an emergency bankruptcy is that the bankruptcy code and law provide an automatic stay of all legal proceedings, including foreclosure sales. This means that all activity in any lawsuit must stop and the continuation of any action could be a violation of the automatic stay.
When filed through an attorney, the case is submitted electronically and case number received immediately. Prior to filing any bankruptcy case, an individual is required to complete an educational course which may be fulfilled online or on the telephone with an approved course provider. Once completed, the provider will e-mail or otherwise send you the certificate showing that the course was completed. It is possible to file the bankruptcy without the course based upon exigent circumstances. However, some bankruptcy judges may not believe that the bankruptcy filed to stop a foreclosure sale presents such circumstance since the debtor would have known about the foreclosure proceedings and impending sale date for quite some time.
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Aside from the certificate, the filer will need to complete the Form 1 Voluntary Petition which simply contains information such as name and address.
Additionally, Form 21 Statement of Social Security Number is necessary which just contains the complete social security number since the case is ordinarily filed with only the last four digits for security reasons. The complete social security number is redacted throughout the petition.
Besides the aforementioned forms, the creditor matrix is required to include at least one creditor which probably would be the bank in the foreclosure action. If the debtor does not complete the filing within 14 days, then the bankruptcy judge will typically automatically dismiss the case. In most situations, such dismissal results in the debtor's inability to refile another bankruptcy within 180 days without requesting the court to shorten or eliminate that prejudice period.
If the debtor wishes to complete the filing, a motion may be filed with the court to request an extension of time from the judge. Ordinarily, the judge would grant such request on an ex parte basis without a hearing.
In this scenario, since the emergency bankruptcy is filed to stop a foreclosure sale, the debtor needs to send a suggestion of bankruptcy to the clerk of court as well as the bank's attorney to remove the house from the sale docket. Such notification may be hand delivered or transmitted by facsimile to the clerk to ensure receipt.
You should check the qualifications to file a complete Chapter 7 bankruptcy including the means test calculation and potential unexempt assets. The forms mentioned in this article are available on bankruptcy websites, such as the Southern District of Florida, at no charge.
Bankruptcy cases are filed in federal court and require strict compliance with the federal, bankruptcy and local rules. Therefore, it is best to seek consultation from an attorney. Most attorneys would provide a free consultation, like our office, to discuss your particular situation.
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