{"id":245,"date":"2010-08-04T13:21:00","date_gmt":"2010-08-04T18:21:00","guid":{"rendered":"https:\/\/kevinkgipson.com\/?p=245"},"modified":"2013-09-28T14:44:02","modified_gmt":"2013-09-28T19:44:02","slug":"can-an-emergency-bankruptcy-be-filed-to-stop-a-foreclosure","status":"publish","type":"post","link":"https:\/\/kevinkgipson.com\/?p=245","title":{"rendered":"Can An Emergency Bankruptcy Be Filed To Stop A Foreclosure?"},"content":{"rendered":"

\"\"<\/a>An emergency bankruptcy (sometimes referred to as a skeleton bankruptcy)\u00a0can be filed to stop a foreclosure, however it is not a good idea to wait to the last minute to stop a foreclosure for a\u00a0number of reasons.<\/p>\n

First, \u00a0the changes made by the Bankruptcy Bankruptcy Abuse Prevention and Consumer Protection Act of 2005<\/em> (BAPCPA<\/em>) require that the debtor(s) undergo Credit Counseling before the filing of a bankruptcy and that a copy of the certificate showing that the credit counseling was completed by attached to the bankruptcy petition.<\/p>\n

The failure to take the credit counseling and attach the certificate can result in a dismissal of your bankruptcy.<\/p>\n

In my office, I have had a number of occasions where we have been able to help a client complete the credit counseling in\u00a0 enough time to file bankruptcy before a foreclosure, but it is not advisable to wait until the last minute to file.<\/p>\n

Secondly, in Louisiana where I practice, the creditor and its attorney are incurring additional costs, expenses and fees by filing for a foreclosure.<\/p>\n

If you are going to try to file a Chapter 13 bankruptcy <\/a>and keep the house, the longer you wait the more costs, expenses and fees are going to be tacked on to the amount you owe the creditor.<\/p>\n

Third, it has generally been my experience that it is all but impossible to properly advise a client as to the type of bankruptcy that is best for them in an emergency setting.<\/p>\n

In Louisiana, the sheriff serves a Notice of Seizure on the debtor.\u00a0 In most cases, the date of the foreclosure is at least a month or more from the date of service of the notice.<\/p>\n

Because of this advance notice, there is really no practical reason to wait to consult an attorney to discuss the options available to you regarding your home.<\/p>\n

\nby Kevin Gipson<\/a>, New Orleans, Louisiana bankruptcy lawyer.<\/p>\n","protected":false},"excerpt":{"rendered":"

An emergency bankruptcy (sometimes referred to as a skeleton bankruptcy)\u00a0can be filed to stop a foreclosure, however it is not a good idea to wait to the last minute to stop a foreclosure for a\u00a0number of reasons. First, \u00a0the changes … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[16],"tags":[181,95,41,96,97,94,22,67,64,65],"class_list":["post-245","post","type-post","status-publish","format-standard","hentry","category-bankrputcy","tag-bankrputcy","tag-bankruptcy-bankruptcy-abuse-prevention-and-consumer-protection-act-of-2005","tag-bapcpa","tag-credit-counseling","tag-dismissal","tag-emergency","tag-foreclosure","tag-kevin-gipson","tag-new-orleans-bankruptcy-attorney","tag-new-orleans-bankruptcy-lawyer"],"_links":{"self":[{"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/posts\/245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=245"}],"version-history":[{"count":11,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/posts\/245\/revisions"}],"predecessor-version":[{"id":492,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=\/wp\/v2\/posts\/245\/revisions\/492"}],"wp:attachment":[{"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=245"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/kevinkgipson.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}