Does Declaring bankruptcy halt eviction proceedings?
If you file a chapter 7 petition with the intent of stopping an eviction, the bankruptcy court will view this as a fraudulent act and a misuse of chapter 7. However, if that was not your intention and your filing was legitimate, there is a chance that it will stop the eviction. However, you must recognize that such actions will only delay the inevitable. If you are the property's proprietor, you have the right to possess the property. Until you receive your discharge from insolvency, you may be permitted to remain in the property. In contrast, if you are found culpable of abusing chapter 7, filing for bankruptcy will only exacerbate your situation, as the court will impose additional legal and financial sanctions. You must be aware that after the implementation of the new laws, almost no loopholes remain. If you commit a fraudulent deed, you will most likely pay dearly for it. Therefore, it is advised that you play it carefully. Be genuine.
Does Declaring Bankruptcy Prevent Foreclosure?
In routine circumstances, the answer is affirmative. Once the bankruptcy court imposes the automatic stay, the foreclosure is likely to be halted. However, because the properties are typically secured by a deed of trust, the mortgage company retains the option to file for relief from the legal stay, which the court may grant. Nevertheless, a number of factors are taken into account in this regard. In most cases, under the new bankruptcy laws, you are required to reach an agreement with the note holder in order to prevent the foreclosure of your home.
Very few individuals are aware that filing a petition also prevents wage garnishment. Moreover, you must be aware that the automatic delay imposed by the bankruptcy court will also halt the majority of civil judgments. This injunction remains in effect until the conclusion of your case.""
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