Davenport, FL Bankruptcy Law Firms & Lawyers

There may be a portion you could keep. There are ways to keep a lot or all of a refund, but you need an experienced professional to help you. It depends on your marital status, whether you listed a potential tax refund on Schedule B, the amount of the earned income tax credit and the exemptions claimed on Schedule C(assuming you properly listed the refund on Schedule B) and the date you filed the bankruptcy case (the later in 2012 you filed for bankruptcy, the less you might be able to keep).

Consult with a local attorney about this. If you filed a chapter 7, the bank cannot proceed with the foreclosure until the court rules on a motion to lift the automatic stay. What hearing was it? If it was a motion for summary judgment hearing, and you lost, the bank must have had the automatic stay lifted already. In that event, you have until after 11 days after the sale on the courthouse steps before the bank will have title and probably get a writ of possession.

Under the right circumstances, you can use a bankruptcy to save your home. Just by filing, you get the benefit of the 'Automatic Stay,' which means creditors are not allowed to take any action to collect from you or your property but with proper legal grounds, a creditor can win Relief from the Automatic Stay that is, permission to go ahead and foreclose. In Chapter 13 bankruptcy, if you have enough income to resume payments on the mortgage promptly, and pay off the arrears (including penalties and attorney's fees through the date of your filing the bankruptcy), you may very well be able to hold off the mortgage-holder and have 60 months of regular payments on the arrears. It can work under the right circumstances: I have done it for probably 20 clients this year alone. But the circumstances have to be favourable. Please call our office if you'd like more information. Good luck.