Juegos.com-Does Getting Bankrupt Stop An Eviction Action Or A Foreclosure? – Bankruptcy Court

Resource Author Francisco Rodriguez Higueras
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Americans are going bankrupt at an extraordinary rate. According to the American Bankruptcy Institute, Baby Boomers are filing bankruptcy more than any other group. The ABI gathered data from courts and public records to track bankruptcy filings. The study revealed the percentage of U.S. citizens over the age of 45 who filed for bankruptcy protection increased nearly 30-percent over the past eight years.

At the same time, the creditors also get their money back. However, there are several factors that you need to know while you are planning to avail bankruptcy help. For example, you must know whether getting declared as insolvent will stop an eviction action or foreclosure. Always remember, when it comes to making the best use of your case, education is the key. You have to be well informed.

Does Getting Bankrupt Will Stop An Eviction Action?

If you are filing your petition with the intention to stop the eviction action, the bankruptcy court will consider it a fraudulent act – an abuse of chapter 7. However, if it was not your intention and your filing was genuine, there are chances that it will indeed stop the eviction action. However, it is imperative that you know that such things will only delay the inevitable. If you are the owner of the property, you are entitled to possession of your property.

The decline in home values and instability within the credit industry has all but eliminated the potential for homeowners to use the equity in their home to consolidate debts. Homeowners unable to afford their mortgage payments or obtain home equity loans are being forced into bankruptcy in an effort to save their home from foreclosure.

Does Getting Bankrupt Stop A Foreclosure?

In normal circumstances, then the answer is yes. Once the bankruptcy court imposes the automatic stay, it is likely to stop a foreclosure. However, since the properties are usually secured by a deed of trust, the mortgage company retains the option to apply and the court may grant them relief from the legal stay. However, there are several factors in this regard that are taken into consideration. In usual cases, as per the new bankruptcy laws, in order to keep the home that is in foreclosure, it is mandatory for you to make a deal with the note holder.

Very few people know that filing a petition will also stop a wage attachment. What is more, it is also important for you to understand the automatic stay imposed by the bankruptcy court will also stop most of the civil judgments. This legal stay remains in place during the complete proceedings of your case.

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Originally posted 2010-03-10 22:03:14. Republished by Blog Post Promoter

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