Will an emergency bankruptcy filing stop a sheriff’s sale for a property tax lien?

UPDATED: Aug 21, 2011

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Will an emergency bankruptcy filing stop a sheriff’s sale for a property tax lien?

I am in a agreement for back property taxes but due to a bad summer and A/C breaking down I do not have the money to make the final payment due at the end of this month. If I default the next upset sale is scheduled for a month from now. Will an emergency bankruptcy filing stop this sale?

Asked on August 21, 2011 Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely a bankrupty filing by you will stop all proceedings (at law or otherwise) against you or any of your assets. Meaning, if you file a bankruptcy filing before the scheduled sheriff's sale of your property for back taxes owed, and the sheriff is served with the bankruptcy filing, there should be an automatic stay under 11 U.S.C. section 362 as to the sale.

Bankruptcy is a complicated area of the law. If you are planning on filing for such protection, you need to consult with an experienced bankruptcy attorney about the benefits for the filing and his or her opinion if any filing will stop the sheriff's sale of your home for unpaid property taxes.

Good luck.

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