What is the foreclosure process like in bankruptcy court?
The foreclosure process in bankruptcy court is often time consuming and complex. In Pennsylvania, the process begins with the filing of a petition for bankruptcy with the appropriate court. Bankruptcy courts will then review the case and determine if the debtor qualifies for a foreclosure defense. If the court determines that a foreclosure defense is available, the debtor will then have the opportunity to defend themselves by presenting evidence to the court. This may include proof of income, expenses, assets and other financial information. The debtor must also present any legal arguments in support of their defense. The court will then review the debtor’s case and determine if there is a legitimate foreclosure defense. If the court decides that the foreclosure should occur, the court will order the foreclosure to go forward. This means that the lender will take possession of the property and sell it as per the court’s order. At this point, the court may require the debtor to make payments to the lender in order to satisfy the debt. If the debtor is unable to make payments, the court may allow the debtor to enter into a repayment plan with the lender or the court may order the property to be sold, with the proceeds of the sale going to the lender. In any case, the foreclosure process can be lengthy and complex. It is best to discuss your situation with an attorney to ensure that you are prepared and understand the process before going to court.
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