Will filing for Chapter 7 Bankruptcy stop foreclosure?
Filing for Chapter 7 Bankruptcy in Massachusetts will not immediately stop a foreclosure. Chapter 7 Bankruptcy does not prevent the foreclosure, but it can delay it or put it on hold for a certain amount of time. It essentially gives the bank or creditor the legal right to take possession of the property, but they cannot do so until the court approves the foreclosure. Once the bankruptcy filing is complete, the debtor’s assets and liabilities are evaluated and a repayment plan, if any, is determined. This process usually takes several months, giving the debtor more time to try to work out some other solution with the bank or creditor before the foreclosure can take place. In some cases, Chapter 7 Bankruptcy may also be able to discharge some of the debt, which may make it easier for the debtor to make payments and potentially save their home from foreclosure. The debtor could also file an adversary proceeding in bankruptcy court, which could potentially prevent the foreclosure. However, this is a complex legal process and it would be wise for the debtor to seek the advice of an experienced bankruptcy attorney. Overall, filing for Chapter 7 Bankruptcy in Massachusetts does not guarantee the foreclosure will be stopped, but it may put the process on hold and give the debtor more time to attempt to find a solution.
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