If my house is in foreclosure and I have filed bankruptcy for the second time, does the sales of my house automatically stop?
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If my house is in foreclosure and I have filed bankruptcy for the second time, does the sales of my house automatically stop?
Asked on February 4, 2014 under Bankruptcy Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
You can stay, or temporarily, stop the sale, but should file a motion with the court to do so--the court does not necessarily automatically become aware of the bankruptcy filing, and the sale does not automatically stop simply because you filed for bankruptcy. However, be aware that the stay will only be temporary: unless you enter into a mutually acceptable agreement with the lender (such as to pay a portion of the debt, and/or pay over time) and honor that agreement, the lender will be able to petition the court to be allowed to go ahead with the foreclosure, and will most likely get such permission.
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