Emergency Bankruptcy Filing to Stop Foreclosure Sale in New Jersey and New York

Aug 22, 2017 | Bankruptcy, New Jersey Foreclosure Defense

Stop a Sheriff Sale by Filing an Emergency Bankruptcy Petition with a New Jersey Foreclosure Defense / Bankruptcy Attorney TodayUse an attorney to file an Emergency Bankruptcy in New Jersey

If you need to stop a foreclosure sale, filing a bankruptcy petition prior to the sale will put a halt to the proceedings. Yes, filing bankruptcy stops the foreclosure process in its tracks. It does not matter how many months of payments you are behind or what the balance is that you owe or if you have not paid your realty tax. Facing a sheriffs sale can be stressful, but understand that you have options.

How does an emergency bankruptcy stop a Sheriff Sale in New Jersey?

The automatic stay in bankruptcy stops the sheriff sale. The stay is automatically applied to all debt collection and legal action in that the actions need to stop while you are in bankruptcy. The Stay is a powerful tool that allows debtors and creditors breathing room to get a plan in place for dealing with the property in a chapter 13 bankruptcy, or only a temporary stop in a chapter 7 bankruptcy. If it is your first bankruptcy the stay is automatically applied or if you received a discharge in a chapter 7 bankruptcy.  (Filing a chapter 7 bankruptcy followed by a chapter 13 bankruptcy is jokingly called a chapter 20. The chapter 7 gets rid of all the unsecured debts like medical bills, most judgments from lawsuits, credit card debt, business debts, consumer personal loans, possibly student loans and makes it easier to afford payments in a chapter 13 against the secured debts.  If you want to discuss what is secured and unsecured with a lawyer you can contact us or watch one of our bankruptcy videos.)  If you have had another bankruptcy dismissed within the last year, then the automatic stay is only good for 30 days and a a motion is required to extend the automatic stay.  If you have had two or more bankruptcies dismissed in the last year or there is an order against the property that the stay will not apply, then a motion needs to be made with the court.

Same Day Emergency Bankruptcy Filing in New Jersey

At the Law Firm of Patel, Soltis, and Cardenas we can have an emergency bankruptcy petition filed the same day in the entire State of New Jersey. As soon as we file the petition for you, we will notify the Sheriff’s office of the filing to stop the sale, and we also notice the attorney for the bank or lending company to make sure they do not attend the sheriff sale.  New Jersey foreclosure rules state both the sheriff and a representative of the lender needs to attend every sheriff sale in New Jersey. We have Foreclosure attorneys versed in bankruptcy law that know how to protect your home. We do not just have Bankruptcy attorneys, we also have NJ Foreclosure Defense Attorneys that know how to to use the State courts to protect your home. We offer more solutions than just bankruptcy. Many bankruptcy lawyers only push bankruptcy as a solution. Don’t forget. The main goal is to save your home, or get you the time to come up with a long term plan for your family. Don’t trust the judgement of public blogs, random mail you get, advice from your mortgage lender that is only in the best interest of the mortgage company, or some guy in a fancy suite that only wants your money to only briefly stop your sheriff sale before trying to take your home.  Avoid financial traps, and map out your future. Get a first, second and third opinion. Do not trust the judgement of your creditor or expect them to tell you all of the New Jersey State’s rules that apply to you for your benefit.

Why would you Need to File an Emergency Bankruptcy in New Jersey?

Sometimes you have no choice and you cannot afford to wait to file a bankruptcy petition. If your wages are being garnishments, your bank accounts are being levied, or a sheriff sale is scheduled you need to act fast to save your assets. We can act fast to get you the relief you need to stop garnishments, to stop your bank accounts from being levied and to stop a sheriff foreclosure sale of your home.  If you federal income taxes that are owed or state income taxes, these can be included in your Chapter 13 Payment plan.  No matter your location in New Jersey we can help.

Based on your situation we can either file an emergency Chapter 7 Bankruptcy or an emergency Chapter 13 Bankruptcy. We can discuss your options to determine which one is best for you. If you have equity in your home or cannot pass the Chapter 7 means test you may be only eligible to file a Chapter 13 Bankruptcy or even a Chapter 11 Bankruptcy if your secured or unsecured debt is beyond the limits allowed under a Chapter 13 Bankruptcy. Do not waste your time talking to a non-attorney on how to file your petition. Talk to a New Jersey Bankruptcy Attorney to make sure you protect your rights as a debtor are protected and you are not stuck between a rock and a hard place.

When you file you have one chance to get it right – Period. Do not risk having your bankruptcy petition be rejected by the Bankruptcy Court, or file the wrong type of bankruptcy which may allow the trustee to sell your assets to pay your creditors. Speak with an experienced bankruptcy attorney in New Jersey or New York City to go over all of your options to determine if Bankruptcy is the right option for you and if it is the right option which version of Bankruptcy will protect your assets. No matter what the amount of debt you have you will qualify for one type of bankruptcy or another. Choosing the best bankruptcy to file is dependent on your situation. You do not what to find out bad news that your home was sold to some guy down the street when you had the option to save your home.

Once we have filed for Bankruptcy, we can attempt loss mitigation with your bank such as arranging a loan modification, deed-in-lieu of foreclosure, a short sale, or even a regular sale of your property so you can walk away with money in your pocket. We will represent your interests and work to achieve the goals you want. We will represent you throughout the entire bankruptcy process. We will explain everything that is happening and explain what will happen. We are with you every step of the way. Bankruptcy can take months or years to complete depending on which type is filed.  Between searching the internet and reading hundreds of articles, remember the laws are always changing so what is correct in the beginning of 2019 may not be correct at the end of 2020 or even the middle of 2020.

Search for a New Jersey attorney that you can form a solid attorney-client relationship. Go with experience from an attorney that has not only read all of the foreclosure cases, but has experience in stopping sheriff sales.  As a homeowner you can not trust in your creditor’s to give you advice or even be fair with you.  Don’t trust your home and future employment to anyone who as not helped hundreds of people in your position in the past. We are here to serve you better by providing service in a local setting so that you can receive the help that you need.

We will work to get the results that you want.

Before You File the Emergency Bankruptcy Petition you are required to take a Court Approved Credit Counseling Course.

New Jersey Bankruptcy Attorney for Emergency FilingYou have the same credit counseling requirement in a Chapter 7 bankruptcy and a Chapter 13 bankruptcy that is required by law.  There are few exceptions as why you would be excused from taking the class prior to filing.  You must take a court-approved credit counseling class. When you come into our office to sign up with us to help you, we will set you up to take the class online or via the phone in English or Spanish.  If you would like to take the class prior to meeting with us, we recommend   This course normally takes about an hour, and we can answer any questions you have about the class or what they are asking for in their questions if you take the course while you are in one of our offices or suites.  We are here to help you for every step of the bankruptcy process.

We offer free Consultation to go over your bankruptcy options.  Please, call us today at our number (973) 200-1111 to speak to an Attorney.

Articles Copyright 2020 Law Offices of Patel, Soltis and Cardenas. Disclaimer: This is attorney advertising for a program for foreclosures services.  No matter your circumstances we would liek the opportunity to discuss your options before you make a decision.  As both NJ foreclosure defense lawyers and NJ Bankruptcy Lawyers we want to guide you to be successful in paying of your arrears,  stopping your New Jersey sheriff sale and keeping your deed to your property in your name for total success.  Before you decide on an attorney check out our reviews.

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