Bryan, TX Bankruptcy Law Firms & Lawyers

Without knowing more about you and your situation it's difficult to say which chapter of bankruptcy is appropriate or even if it is possible to prevent the foreclosure with bankruptcy. Most bankruptcy attorneys offer free consultations. Be prepared to answer questions such as: how much income does the household earn, how much does the household need to spend on living expenses, what types and how much debt you have, past due amounts on any your mortgage(s), what types of assets you have. The devil is in the details. Talking to a bankruptcy attorney can help you formulate a plan.

Generally, yes, those debts will be discharged as part of the bankruptcy. However, if the underlying judgment found that there was some type of fraud or other instances, the debt may not be discharged. Visit with your attorney to make sure.

If you are behind on the mortgage payments, you have no defense and the court will grant the motion for relief from stay. However, it probably won't affect you if you still plan to move out of the house this month, in April. After the mortgage company obtains relief from stay they still have to schedule a foreclosure date, which takes time.