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Can bankruptcy stop a foreclosure?

Yes. Upon the filing of a bankruptcy petition the automatic stay will stop a foreclosure, as long as it is filed within the upset bid period established under North Carolina State Law.

Generally, the best time to file bankruptcy is before the foreclosure hearing, although a bankruptcy filing will stop the foreclosure as long as it is filed within the upset bid period which ends at the close of business on the 10th day after the foreclosure sale (unless an upset bid is made, then in will end at the close of business on the 10th day following the last upset bid). Those trying to keep a house with a past due mortgage will file either a chapter 13 or a chapter 11 to catch up on their past due mortgage over a period of up to 5 years.

If a chapter 7 is filed the automatic stay will stop the foreclosure but the delay in the process will only be temporary since the mortgage creditor can apply to the court for relief from the automatic stay or it can simply wait to the case closed in about 3 to 4 months to continue with the foreclosure process.


This information applies to All Counties in North Carolina.


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