Combining bankruptcy and foreclosure defense to stay in the home
Bankruptcy and foreclosure defense are separate legal processes, but for some homeowners they need to run at the same time. A Chapter 13 filing triggers an automatic stay that pauses a scheduled foreclosure sale, while a repayment plan lets the homeowner catch up on missed payments over several years. If the foreclosure case also has weaknesses on the merits (standing, notice defects, servicing errors), a foreclosure defense attorney may keep contesting the underlying claim while the bankruptcy case is open.
- How the automatic stay interacts with a foreclosure case that's already been filed in state court
- Whether one firm handles both the bankruptcy filing and the foreclosure defense, or whether the two are coordinated between separate attorneys
- What a Chapter 13 plan needs to include to cure the mortgage arrears over time
- What happens to the foreclosure case if the bankruptcy is later dismissed or converted
What it costs
Running both matters together generally costs more than either one alone, since it involves separate filing fees and attorney work for the bankruptcy case in addition to the foreclosure defense. What drives the total is whether one firm is handling both pieces together, how complex the Chapter 13 plan needs to be to cure the arrears, and how far along the foreclosure case already is when the bankruptcy is filed.
Top 3 by our score
Ranked from our published scoring of public Google reviews for bankruptcy to stop foreclosure (chapter 13/7).
- 1. Jacob Silver, Attorney at Law945.0★ · 289 reviews
- 2. The Law Offices of Kenneth H Dramer PC924.9★ · 302 reviews
- 3. Jacoby & Jacoby914.9★ · 124 reviews
FAQ
- Does filing bankruptcy stop a foreclosure sale immediately?
- Filing typically triggers an automatic stay that pauses most collection actions, including a scheduled sale, though a lender can sometimes ask the court to lift the stay.
- Do I need two separate lawyers for bankruptcy and foreclosure defense?
- Not necessarily. Some firms handle both practice areas, while others coordinate with a separate attorney for each matter.
- Can a Chapter 13 plan let me keep the house after foreclosure has already started?
- In many cases yes, because the plan is built around curing the missed payments over time rather than paying the full balance at once.
- What happens to the foreclosure case if I dismiss my bankruptcy?
- The automatic stay ends and the foreclosure case can resume from where it left off, which is why timing and follow-through matter on both tracks.