Personal Bankruptcy will Chapter 13 prevent forclosure after judgement?

[legaltryxi]

My sister & idiot B-I-L have recieved a judgement of foreclosure on their home back in early Aug., 2007. This is a final judgement and the case is closed. This con artist has convinced my sister and parents that they are going to (or may have by now) file chapter 13, and that the house will be saved from sheriff's sale.

Here's my question. My understanding is that chapter 13 can provide a stay of proceedings of foreclosure, but will it provide a stay of sale after the judgement has already been issued? Specifically, if chapter 13 has not been filed until after the formal judgement has been declared, will it protect the house?

I'm trying to get the right information to my parents and sister so they can be prepared to make decisions. Any help is appreciated.

 

[Michael Wechsler]

My understanding is that if a sale has already occurred then Chapter 13 may not just stop it in its tracks. In some states I am aware that once the court has confirmed the sale then it may be lost. As this case is very fact specific and may also be determined by laws in your jurisdiction, you should speak briefly to a bankruptcy attorney - this is especially important given the magnitude of this decision. It would be irresponsible to do otherwise. Your comment about your BIL is rather funny (took me a minute to figure that one out) but I'm sorry to hear about the situation. Best of luck to your sister.