Complaint and Judgments
Upon receipt of the Complaint, you have the opportunity to file a response within 20 days from the date you were served. If you decide not to file a response, you will receive a 10 day notice in the mail of the pending judgment by default. Once a judgment is rendered, the creditors can place a lien on your property, levy a bank account or conduct a sheriff sale of your property. However, filing a bankruptcy will stop all of these actions from taking place, and any judgment can be wiped out.
Foreclosures and Sheriff Sales
Let me begin by explaining the foreclosure process to you. It is likely that by now you have received an Act 91 notice, which affords you a 30-60 day opportunity to meet with the lender and restructure or obtain loan assistance. Next, you will receive a Complaint in Mortgage Foreclosure. Once a Judgment ordering the foreclosure is rendered, your home or property will be listed for sheriffs sale (usually within 30 days). As long as a bankruptcy is filed prior to the Sheriff Sale you will be able to keep the property and remain in your home. The same holds true for a bankruptcy filing prior to a tax sale.
I have previously filed a Chapter 7 bankruptcy, can I still file a Chapter 13 to save my home?
Although you may have filed for bankruptcy in the past, you CAN file again. If you were previously discharged from a Chapter 7 bankruptcy, you must wait eight years before filing another Chapter 7, but depending on your situation, there may be NO WAITING PERIOD when filing for protection under a Chapter 13!