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California bankruptcy may temporarily stop foreclosure

There are a variety of reasons as to why many struggling homeowners have been faced with foreclosure. In some instances, bankruptcy is filed during the foreclosure process. Filing bankruptcy may also temporarily stop foreclosure in California. An individual who files a petition during that time is granted what is known as an automatic stay.

After filing the bankruptcy petition, homeowners can file a motion with the court, which would be sent out to the bank once the bankruptcy has been completed. In about 30 days, a hearing is set, and the bank will exhibit their rights to secure an order to obtain the residence out of bankruptcy protection. If the judge approves, then the sale of the property is rescheduled for a later date to be put back on the market.

The amount of time an individual is allowed to stay in their home depends on certain factors. If the individual has filed for bankruptcy three times in the last year, then no time is allotted. If the individual has filed for bankruptcy twice in the last year, then there is a maximum of 30 days to stay in the home. If this is the first time the individual has filed for bankruptcy in the last year, the person may be able to remain in their home for up to three months.

Bankruptcy can help California consumers gain a fresh start when they are drowning in debt or if they are faced with foreclosure. When bankruptcy is filed during a foreclosure process, homeowners are usually afforded the opportunity to stay in their homes and temporarily stop foreclosure. Even after the time has passed, homeowners may be offered relocation assistance from their bank.

Source:, File Bankruptcy to Stall Foreclosure?, Justin Harelik, Oct. 2, 2013

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