Find a Bankruptcy Attorney to Stop Your Foreclosure Today
Immediate access to **Foreclosure Defense Specialists** ready to file the Automatic Stay and save your home.
Find Your Attorney Based on Your State's Foreclosure Speed
The time you have to file for Bankruptcy depends heavily on your state's laws. States with **Non-Judicial** procedures have the shortest deadlines, requiring the most immediate action to stop your home sale.
🚨 Non-Judicial States (Shortest Window)
**Immediate Action Required.** Foreclosures here are fastest (30-120 days). Click your state to find a specialized attorney now.
⚠️ Dual Process States (Hybrid Risk)
Lenders may choose a non-judicial path. It's crucial to verify your foreclosure notice and act quickly.
⚖️ Judicial States (Court Timeline)
Foreclosure requires a court order, giving you more time, but Chapter 13 is still the best defense.
How It Works: 3 Simple Steps to Protection
Find Your Area
Click your State above to find state-wide Chapter 7 and 13 Bankruptcy Specialists.
Click the Verified Provider Link
You will be taken to the website where you will see the Authority Badge floating on the site with a transparent livestream of the firm's Google reviews.
Activate the Stay
Request Your Complimentary Consultation for specifics about your case. The attorney files your petition, activating the Automatic Stay to stop the sale.
Frequently Asked Questions About Chapter 13
1. Do I have to go to the attorney's office to start the process?
**No.** The initial consultation, document review, and preparation for your filing can often be handled **virtually via phone or video conference**. In fact, the mandatory court appearance (the 341 Meeting of Creditors) is typically also conducted **remotely** in most bankruptcy districts today. Your attorney will guide you through the process, minimizing your travel.
2. How fast can the foreclosure sale be stopped?
The sale is stopped **immediately** upon the electronic filing of your Chapter 13 petition with the Bankruptcy Court. This triggers the **Automatic Stay** (11 U.S.C. § 362), which is a federal injunction that legally prevents the bank from proceeding with the sale. Your attorney's primary goal is rapid filing.
3. How much does a Chapter 13 cost and can I afford it?
You can afford it. Your attorney usually allows you to pay a **small fee (often $0 - $600)** to file the case, and the **remainder of the legal fees are spread out** over the 3-to-5 year court-approved repayment plan. This structure ensures you have access to a legal specialist even if your cash reserves are low.
4. Can I still file if I have equity in my home?
**Yes.** Chapter 13 is specifically designed to protect assets, including your home equity. Unlike Chapter 7, Chapter 13 allows you to keep all your property while using the reorganization plan to catch up on mortgage arrears over time.
5. What is the repayment plan, how long does it last, and does the lender have to accept it?
The repayment plan is a court-approved schedule, typically lasting **3 to 5 years (36 to 60 months)**. **The lender does not have to explicitly 'accept' the plan**—it is legally binding once confirmed by the Bankruptcy Judge. Example: If your normal payment is **$1,000**, and your arrears repayment is **$200**, your total monthly Chapter 13 payment would be **$1,200**.
6. I was told my state is a "non-judicial foreclosure" state. Does that matter?
**No, it does not matter.** The **Automatic Stay** (federal law) overrides and stops all state-level foreclosure actions, regardless of the process used in your state.
7. I filed bankruptcy before. Can I file Chapter 13 again?
**Yes, usually.** If you have filed within the last year, the Automatic Stay may be limited, making it critical to consult with a specialist immediately.
8. How long of a delay does this process take, should I need extra time to comply with the repayment plan?
The process provides **up to 60 months (5 years)** to cure your default. If you fall behind, your attorney can often negotiate a **"cure of default"** motion, giving you a short, court-approved period (typically 30-90 days) to catch up.
9. Can I be turned down for a Chapter 13 bankruptcy?
**Yes, a bankruptcy judge can dismiss a case** if certain requirements are not met (e.g., failing to meet debt limits or pay into the plan). This highlights the need for a specialist to structure the filing correctly.
10. Do I qualify to file for Chapter 13 bankruptcy?
To qualify, you must have **regular income** and your debt levels must fall within federally mandated limits. If you are a homeowner facing foreclosure, you likely meet the requirements. Connect with a specialist for a free case evaluation to know for sure.
Important: If you do not meet the requirements for a Chapter 13 payment plan, your attorney can still file a Chapter 7 bankruptcy to immediately stop the foreclosure sale. This gives you valuable time (often 60-90 days) to sell the home, refinance, or secure needed funds. Your lawyer is a foreclosure defense specialist, regardless of the Chapter.