| Mar 15, 2023 | Chapter 13, Firm News |

It is best to consult with an experienced bankruptcy lawyer when you first realize a bankruptcy might be necessary so there is enough time to review the circumstance and file the bankruptcy. However, sometimes the consultation is not sought until the last minute. For example, let’s say there is a mortgage foreclosure proceeding against your home but you are working with your lender to get a mortgage modification and anticipate receiving one. What if the application is denied and what if that occurs just a few days before the sheriff sale.  While filing a bankruptcy generally requires that you provide your attorney a lot of infomation regarding assets, liabilities, income and expenses along with doscuments like paystubs, bank statements and tax returns, and that you complete a credit counseling course that takes approximately one hour, it is still possible to file a Chapter 13 to stop the sheriff sale by filing an emergency (skeleton) petition and schedules. In that situation just the filing of a few of the numerous pages and the certificate from the credit counseling course will be enough to file. The remaining schedules need to be filed in a couple of weeks. Providing your attorney with the documents well in advance of the sale is the better way of proceeding because it provides your attorney with an opportunity to assess the entirety of the circumstances, but at least it gives you a last minute opportunity to save your home.


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