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What can I do if my house is being foreclosed upon?

When considering whether to file for bankruptcy many people are worried about losing their houses, cars, or other types of property. In some cases we meet people that have already lost property (usually due to repossession or foreclosure) and they want to get it back. If this applies to you, or someone you know, please call us immediately as this is very time sensitive. We know that you work hard for your house and your car, and often times you may be financially invested as well as emotionally or sentimentally invested in a particular asset.

While this is not intended to replace legal advice or a consultation with your attorney, we can try to give you a general idea of how this will work. The bad news is that if your house has been sold at a foreclosure sale we cannot get the property back. The good news is that if your house is set for foreclosure sale, even if that sale is tomorrow, we may still be able to help. We can file an "emergency" bankruptcy petition. Basically, there are rules that allow a bankruptcy to be filed in part, with the rest of the information to be filed within a few short days. Once the initial part of the filing is completed you are protected from any further foreclosure efforts, including an already scheduled sale.

Now, this will take some work on your part. First and foremost, call us as soon as possible! These filings take a considerable amount of time and we want to make sure we have the proper amount of time set aside for your visit. You will have to bring some very specific information. We will need your social security number, your name and mailing address, the name and contact information of the company that is foreclosing, and a few other things. If you have questions about what you need feel free to give us a call. You will need to come in and go over the petition with us. After the initial filing you will have to come back and go over the rest of the bankruptcy petition and schedules. This is absolutely critical, as if the remainder is not completed in time the court will dismiss your bankruptcy and you will not be protected.

As far as vehicles are concerned, if your vehicle has been repossessed we may still be able to help. There is a very short window (usually a matter of days) where the vehicle can be recovered, and it can only be recovered if it has not already been sold or destroyed. There may be some fees associated with the recovery of the vehicle, but those are specific to the creditor.

If you have questions about this, or any other bankruptcy questions, please call your St. Louis Bankruptcy Attorney today!


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