A public information resource sponsored by the Law Office of David W. Martin - (800) 229-0546


Filing bankruptcy immediately STOPS the foreclosure of your home.

The avoidance of foreclosure may be either temporary or permanent, depending on the following factors:

◦Whether you file under Chapter 7 or Chapter 13
◦Your ability to make payments
◦The specifics of your case

When you file for bankruptcy, all collection actions and civil court proceedings against you must stop, including foreclosure actions. If the bank wants to continue to foreclose on your home while you are in the process of completing your bankruptcy, it must request that the court “lift” the stay.

If you file under Chapter 7, you will benefit from a delay in foreclosure that might last months. During that time, you may be able to find a way to pay-off the debt. If not, you get some extra time to prepare.

If you file under Chapter 13, you may be able to avoid foreclosure altogether. Under your Repayment Plan, you may be able to pay off the past due debt on your mortgage over the course of years and, together with the benefits of relief from other debt, you may be able to save your home.