Saturday, 25 April 2015

My bank sold my house after failed loan modification attempt. Will filing a bankruptcy delay the eviction? Contra Costa County California - ...

Question

My bank sold my house after failed loan modification attempt. Will filing a bankruptcy delay the eviction? Contra Costa County California - thanks in advance!



Answer

As I understand it, a bankruptcy will temporarily halt a foreclosure sale, but not a post-sale eviction.



Answer

I believe a bankruptcy stay extends to all litigation against the debtor, at least temporarily, on the principal that all existing assets of the debtor must be preserved, and so incurring attorneys fees on any litigation is stayed until the Bankruptcy court OK's it.



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