Posted On: July 21, 2010 by Scott Sagaria

Can Someone Foreclose After Bankruptcy Petition Filed?

A San Jose bankruptcy attorney address a foreclosure after bankruptcy question...

Question: Can Someone Foreclose After a Bankruptcy Petition is Filed?

Answer: Generally speaking once a bankruptcy petition is filed an automatic stay goes into effect that prevents foreclosure after bankruptcy. Foreclosure after bankruptcy, however, may still occur in certain situations. If a debtor has previously filed bankruptcy and the case was dismissed, the automatic stay is only in place for a limited amount of time. In addition, a lender may also file a motion for relief from stay asking the Court’s permission to proceed with foreclosure after bankruptcy. Thus an experienced bankruptcy attorney can provide guidance in preventing a foreclosure after bankruptcy.

If you have a question regarding Bankruptcy in San Jose please contact us at 408.279.2288 or visit www.bkanswers.com and we can connect you with one of our experienced San Jose Bankruptcy Attorneys.  After you have spoken with one of our San Jose bankruptcy attorneys we can schedule you a free face to face appointment in our office location nearest you.  Our team of San Jose Bankruptcy Lawyers can assist you with all aspects of your case. If you have questions about filing a chapter 7 bankruptcy, a chapter 11 bankruptcy, a chapter 13 bankruptcy, lien stripping, cram downstopping a foreclosure or wage garnishment, discharging debt, etc. we can help! We have bankruptcy attorneys located throughout California who can assist your financial needs.  Please feel free to complete our free bankruptcy evaluation and we can quickly determine if you are a qualified candidate for bankruptcy.

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