Will Filing Bankruptcy Stop Foreclosure
on My House?

Yes.

But there are exceptions. If you have been in any kind of bankruptcy in the past 12 months, you should speak with a bankruptcy attorney about how the prior filing will affect a second or third filing.

If you file a chapter 7 bankruptcy and you are behind on your payments, the bank will typically either a) file a "Motion for Relief from Stay" (where they ask a judge to allow them to proceed with the foreclosure even though you are in bankruptcy) or b) wait until just after your bankruptcy is over and then resume the foreclosure process. Filing a chapter 7 when you are behind on your mortgage payments will delay the foreclosure, possibly for several months but it does not prevent the lender from ever foreclosing; it just makes them wait for a bit.

If you file a chapter 13 bankruptcy, keep up on your monthly chapter 13 plan payments, and get your chapter 13 plan confirmed (confirmation takes a few months after filing), you should be in great shape to keep your house and stop the foreclosure from coming back. In a chapter 13, there are still some possible issues that could entitle the lender to file a "Motion for Relief from Stay" (see above) but usually as long as you are making your monthly payments and have filed a chapter 13 plan that covers your lender's concerns, they will prefer to receive your monthly payments and not try to resume foreclosure on your house.

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The Law Office of Matthew D. O'Conner is dedicated to helping clients file bankruptcy while retaining their dignity and pride. We provide assistance, legal counsel and advice and will be able to answer your bankruptcy-related questions and help you file a Washington bankruptcy.

Contact us today at (206) 782-0722 for a free consultation - it's entirely confidential.

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We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

This web site is for general informational purposes only and is not legal advice.

The information contained on this web site is in no way intended as a substitute for legal counsel, and your receipt of the information does not give rise to a lawyer-client relationship between Matthew D. O'Conner and you. The ramifications of the law for any particular situation depend on a variety of factors, so you should seek professional legal counsel before acting upon any information contained on this web site.