Question
Many people in foreclosure declare Chapter 13 bankruptcy simply to forestall a judicial sale of their home (by taking advantage of the bankruptcy automatic stay).
Many people in foreclosure declare Chapter 13 bankruptcy simply to forestall a judicial sale of their home (by taking advantage of the bankruptcy automatic stay). Once the stay is in place, they withdraw the bankruptcy petition. After they withdraw the bankruptcy petition and the bank re-schedules the judicial sale they then file a Chapter 7 petition and once again take advantage of the automatic stay. These people generally have no real intent to see the bankruptcy through - they just want to be able to stay in their house a little longer. The strategy can tend to buy them about 6 additional months in their home. What do you think of the practice? Another strategy is also to see a Chapter 13 through to discharge, and then file a Chapter 7. This strategy can tend to buy them about 1.5 additional years in their home. Using a combination of several delay tactics (including this one) I've seen homeowners remain in their homes without paying a single dime towards their mortgage for as long as 5-6 years before a completed foreclosure.
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