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The sheriff has scheduled my home for a sale. Will filing bankruptcy chapter 7 stop this process?
Wiki User
∙ 11y ago
generally filing for bankruptcy puts a stay on the collection of debts, including a foreclosure. get in touch with a bankruptcy atty asap, because there are things you are required to do before filing.
Wiki User
∙ 11y ago
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If you are applying for a job as a sheriff officer will a bankruptcy be held against you?
Only the employing agency can answer this question for you, but probably not, especially if you discharged the bankruptcy according to the bankruptcy referee's instructions.
How do you bid at sheriff sale in Hancock county Indiana?
You can contact the Hancock County Sheriff's Office to get specific information about bidding on Sheriff sales. The Hancock County Sheriff has an online list of properties scheduled for sale. Using the free website below "Free Public Records Directory - Hancock County, Indiana" you can access the link "Sheriff Sales" for contact information and "Sheriff Sale Properties" for a list of properties scheduled for sale.
Do you capitalize the title Sheriff?
It is capitalized at the beginning of the sentence, when it forms part of the proper noun, when it precedes a person's name or when it is used as a direct address. Examples: Mary has a scheduled meeting with Sheriff Llantos today. Have you seen the evidences, Sheriff?
If you just filed chapter 7 two weeks ago and you had a garnishment coming out of your pay and you were told that you will get this money back how long does it take to get the money back?
Wage garnishments are usually handled by a process server or a government officialy such as the county sheriff's office. The judgment creditor has on obligation stop the garnishment right away. There isn't a specific time deadline to return the money that was garnished after the bankruptcy was filed, but it should be returned ASAP. If you don't have it back within a couple of weeks, file a motion with the bankruptcy court.
Can a process server force entry into your house in Washington state?
No, A Process server is NOT a Law Officer or a Sheriff, They have the Same Responsibilities of a Sheriff but their NOT The Sheriff. A Process Server's Job is to simply be a Messenger of the Court and Nothing More, A Good Process Server Will Be empathetic, Kind and Wish You Good luck after they Gotcha Served.
How soon can you file chapter 13 bankruptcy to stop a foreclosure?
Filing Chapter 13 bankruptcy will stop a foreclosure as soon as the papers are filed with the bankruptcy court. The automatic stay goes into effect immediately upon filing, and will stay in effect as long as the issue is in the legal system. There is no one perfect time for filing Chapter 13 bankruptcy, and the longer homeowners wait to file, the more it will cost them to get out of bankruptcy and the more likely they will be to fail the repayment plan and have the case dismissed. Most homeowners wait to try several different methods to stop foreclosure before relying on bankruptcy. Refinancing or working with the lender for a mortgage modification or forbearance agreement may be easier and result in less damage to the homeowners' credit histories. In fact, bankruptcy is often recommended and used as a last option to stop a sheriff sale or put the process on hold due to the imminent loss of the house. However, with the new bankruptcy rules that went into effect in 2005, homeowners should prepare for the possibility of having to file as an emergency, even if they never actually need to file. The new rules now require bankruptcy counseling as a prerequisite for beginning the court process at all, so homeowners will not simply be able to file bankruptcy as a last ditch effort a few hours before their home is auctioned -- they need to file proof of completing the counseling with their bankruptcy petition. As soon as homeowners become aware of a financial hardship that will cause them to miss a mortgage payment, they should begin preparing for how to avoid foreclosure. This might include working with the lender right away, consulting with a Realtor to list the house for sale, and taking the bankruptcy counseling sessions just in case they run out of time. It is better to be prepared for any possibility, since the foreclosure process can often be unpredictable, with various state and local rule variations, as well as the bank's own ability to move forward with the process quickly.
What does it mean when you receive a notice stating that your foreclosure is in the hands of the sheriff's office?
That mean pack your stuff or hurry up and file bankruptcy which wil start the whole process over again, and give you Tim e to pay or restructure your loan
Where can one find information about the Bankruptcy Court in the district of Arizona?
One can find information about Bankruptcy Court on the website of the Sheriff. A dedicated agent on the official website would be happy to answer further questions in the future.
Can i still file bankruptcy if my home is schduled for sheriff's sale?
It depends somewhat on your state law regarding foreclosure sale, but as a rule, you can save your house from being auctioned by filing bankruptcy. Whether you can keep the house depends on a lot of other considerations. Consult a local bankruptcy lawyer.
What is a synonym for process server?
A process server is someone who gives legal notice to an individual involved in a legal proceeding. In many jurisdiction, only a sheriff or marshall can carry out this task, so sheriff or marshall would be another name for a process server.
If you have been served a foreclosure notice and it has been published for a Sheriff sale can you stop this from happening by filing bankruptcy?
Look here might help. Yes. A chapter 7 will normally only delay a sheriff sale (which may be sufficient time for the debtor to refinance the real estate and buy it out of foreclosure), but a Chapter 13 can stop the sheriff sale permanently without a refinance so long as the debtor structures his or her Chapter 13 Plan to cure the delinquency on the mortgage. However, in most states the Chapter 13 has to be filed BEFORE the sheriff sale or the house is lost in most cases. A typical Chapter 13 Plan which successfully stops a sheriff sale is one which is set up to pay the mortgage lender the entire amount of arrearage (including foreclosure attorneys fees and costs) over 3 to 5 years and requires the debtor to immediately begin regular monthly mortgage payments again. The mortgage lender is then required to treat the debtor as current again, and the debtor will then pay their regular monthly mortgage payments plus a Chapter 13 Plan payment which pays back to the mortgage lender whatever the debtor is behind on the mortgage. Once the Plan is paid off in 3 to 5 years, the debtor then only has his or her regular monthly mortgage payments left to pay off. The Chapter 13 Plan can (and does) include the debtor's other debts as well, but the payment of those other debts can cost substantially less through a Chapter 13 Plan than the sum of the other debts outside of bankruptcy (see your attorney). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Can you still file if the bank has started the foreclosure process?
Homeowners who have recently been foreclosed on can still file bankruptcy even though the bank is pursuing foreclosure in the local courts. Just because the lender has initiated a lawsuit to take the house back does not mean that homeowners are unable to seek protection through the federal bankruptcy court system. Essentially, foreclosure proceedings are a collection attempt by mortgage companies to force homeowners to pay what they owe on the loan, or have their home auctioned off by the county government to satisfy the mortgage. There is nothing else secretive or fancy about the process, and it is little different from a credit card company or other creditor suing borrowers to force payment of a debt. Thus, homeowners are almost always able to file bankruptcy to stop foreclosure up until the time that they are no longer the owners of the home. This typically means that they can wait until just a few hours before the scheduled sheriff sale of the property to file the bankruptcy petition, and this will stop the foreclosure process from being able to continue. Once a borrower files a petition with the bankruptcy courts, the automatic stay goes into effect, which precludes lenders from being able to continue collection efforts. Because the entire foreclosure lawsuit is a collection effort, the mortgage company will have to put its process on hold until the debt is resolved through bankruptcy. Of course, most lenders do not particularly want to deal with the extra hassle this causes, but they have no other choice than to put the foreclosure on hold. So homeowners who are facing a foreclosure or have already been sued by the lender will be able to file bankruptcy and include the house in the petition anytime until the sheriff sale. After the auction, when ownership is transferred into the name of the new owner, then it will be too late to rely on this option to stop foreclosure, because the borrowers no longer have an ownership interest in the property.
