This page was written, edited, reviewed & approved by Emil J. Fleysher following our comprehensive editorial guidelines. Emil J. Fleysher, the Founding Partner, has 15+ years of legal experience as a bankruptcy attorney. Our last modified date shows when this page was last reviewed.
Bankruptcy can temporarily halt foreclosure. Upon filing, an automatic stay goes into effect, stopping all foreclosure actions. This gives you a chance to catch up on mortgage payments or explore long-term solutions.
At Fleysher Law, our bankruptcy lawyers help homeowners across Florida who are facing foreclosure. Whether you're behind on payments or have already received a foreclosure filing, our team explains your options and helps protect your home. Bankruptcy is just one tool—and it can be powerful when used the right way.
Foreclosure happens when you fall behind on your monthly mortgage payments and your mortgage lender moves to take back your home. Florida's judicial foreclosure process necessitates a lender filing a lawsuit with the court. If you don't act in time, the court can approve a foreclosure sale of your property.
The foreclosure process usually begins after three or more missed payments. Your mortgage servicer will likely send late notices, default letters, and a foreclosure filing. These warnings are required under state law, giving you a short window to respond or take action to prevent foreclosure.
Most mortgage contracts have a default clause. When you miss enough payments, your lender can "accelerate" your loan, requiring the full mortgage balance to be paid immediately. This often leads to a foreclosure auction, where the home is sold to recover the debt. The lender could pursue legal action for the leftover debt if the sale falls short.
Foreclosure can be devastating, but it’s not the end of the road. Federal foreclosure laws and bankruptcy protection provide homeowners with a legal means to delay or prevent foreclosure. At Fleysher Law, we use these tools to help you keep your home and get back on track.
Bankruptcy can offer immediate relief if you're facing foreclosure. It’s one of the few legal options that can halt the process immediately. As soon as you file a bankruptcy petition, the court issues an automatic stay—a legal shield that pauses all collection efforts, including foreclosure.
Your bankruptcy case begins when you file for Chapter 7 or 13. This bankruptcy filing acts like a legal timeout. It stops your mortgage lender from pursuing foreclosure until the court decides how to handle your debts.
The automatic stay is a core part of the bankruptcy code. It puts a hold on foreclosure actions, lawsuits, debt collection, and even credit score damage. Whether you're dealing with mortgage debt, credit card debt, or medical bills, the stay gives you room to breathe and consider your next steps.
In Chapter 7 bankruptcy, the stay is temporary. It won’t eliminate mortgage arrears, but it gives you time to seek a loan modification, sell the home, or make other arrangements before the lender can resume the process.
In Chapter 13, the court allows you to repay missed payments through a structured repayment plan. If the court approves the plan, you can retain your home and repay the overdue mortgage payments over a period of 3 to 5 years.
Filing for bankruptcy isn’t a cure-all, but it can be the tool you need to stop foreclosure, gain control, and rebuild. At Fleysher Law, we help clients file correctly, comply with the rules, and use every available option to protect their homes.
The automatic stay, a powerful legal order, is automatically issued upon filing for bankruptcy to stop all debt collection. That includes phone calls, lawsuits, wage garnishments, and most importantly, foreclosure proceedings.
For homeowners, this means that filing for bankruptcy can pause a pending foreclosure sale, even if the foreclosure begins soon after missed payments have been made. The stay gives you time to sort out your options—whether it's applying for a mortgage modification, creating a payment plan, or seeking debt relief.
However, the automatic stay isn't permanent. A bankruptcy stay may be limited to 30 days or may not apply at all if your case is dismissed or if you have a recent history of filings. In some cases, lenders may request permission from the bankruptcy judge to resume foreclosure proceedings. That's why it's crucial to work with an experienced bankruptcy attorney who can act fast and protect your home.
For homeowners facing foreclosure, Chapter 13 bankruptcy can be a powerful tool for keeping their property. It allows you to catch up on delinquent payments by spreading them out over several years in a court-approved repayment plan.
If you’re behind on your regular mortgage payments, Chapter 13 lets you repay your mortgage arrears over three to five years. These monthly payments are made to the trustee and go directly toward what you owe your mortgage company. As long as you stay current on both your current mortgage payments and your repayment plan, you keep your home.
This form of bankruptcy is especially helpful if you're also dealing with junior mortgages, a second or third mortgage, or consumer debt, such as medical bills or credit card balances. Chapter 13 can consolidate all of it under one structured plan, helping you regain control.
To qualify, you must have a steady income and meet certain debt limits. Once the bankruptcy judge approves your plan, you make consistent payments, and creditors must comply with the terms of the plan. At the end, you may receive a bankruptcy discharge that clears any remaining unsecured debt.
Fleysher Law assists clients in establishing affordable and realistic plans that meet legal requirements, providing homeowners with a genuine path to maintaining their homes.
Chapter 7 bankruptcy doesn’t stop foreclosure for good, but it can delay foreclosure long enough to regroup. It’s often used to pause the process and give homeowners time to explore alternatives, such as a loan modification or debt settlement.
Liquidation bankruptcy offers a way to resolve unsecured debts, including medical debt and credit card debt. But it doesn't provide a way to repay mortgage arrears, so lenders will eventually resume the foreclosure process unless another solution is reached.
Still, the temporary pause can be valuable. It gives you time to negotiate with your mortgage company, adjust loan terms, or even sell the home to avoid losing it at a foreclosure auction. If your lender is moving fast or you're facing strict foreclosure or nonjudicial foreclosure, Chapter 7 may be the breathing room you need.
Fleysher Law can help determine if Chapter 7 makes sense in your situation—and how to use the time it gives you most effectively.
Once you file for bankruptcy, the court notifies your lender, and the automatic stay begins. Most lenders stop immediately, but it can take a few days for the notice to reach the right department. In some cases, foreclosure sales scheduled just days away may still go through—unless your bankruptcy attorney acts quickly.
After filing, the bankruptcy court sets a schedule for the proceedings. For Chapter 13, this includes a confirmation hearing to approve your repayment plan. For Chapter 7, it’s a review of your nonexempt assets and credit counseling records.
Lenders can still ask the court for a stay, especially if the mortgage debt is high or you're behind on monthly payments. If the court grants their request, they can move forward with the foreclosure again.
That’s why it’s so important to act early. At Fleysher Law, we move fast after filing bankruptcy to maximize your protection, preserve your homestead exemption, and explore every way to keep you in your home.
When you're behind on your mortgage payments, bankruptcy can change how your home loan is treated. Depending on the chapter you file, it may help you catch up on missed payments or even remove junior mortgages in some cases.
Below, we break down how the law addresses mortgage arrears, ongoing obligations, and the potential to eliminate second loans, providing you with a clearer path to stay in your home.
Bankruptcy treats past-due mortgage debt differently from your current mortgage payments. In Chapter 13, your arrears—also called mortgage arrears—are included in a repayment plan, while you continue making your regular mortgage payments outside the plan. This structure helps you keep your home while catching up.
If you have a second or third mortgage, you may be able to remove it in Chapter 13 through a process called lien stripping. If your home's value is less than the balance of your first mortgage, the court can treat junior liens as unsecured debt and eliminate them through discharge.
In Chapter 7, you may choose to keep your home by signing a reaffirmation agreement, which will require you to continue making payments on the debt. However, if the court finds that continuing payments would cause financial hardship, it may deny them. Fleysher Law can help you decide which option works best to resolve your mortgage debt and protect your home.
The answer depends on your chapter, your payment history, and your use of exemptions. With a Chapter 13 bankruptcy, you can keep your home and catch up on mortgage payments through a court-approved repayment plan. As long as you make your ongoing payments, foreclosure will be avoided.
Among the nation's strongest, Florida's homestead exemption stands out. This allows homeowners to protect the full value of their primary residence in most bankruptcy cases, even if they have equity in the property. But to qualify, the property must meet specific residency and ownership requirements.
At Fleysher Law, we know how to apply exemptions correctly and how to structure your case to keep your home. Whether you’re filing Chapter 7 or Chapter 13, our team will analyze your credit report, income, and debts to craft a plan that gives you the best shot at long-term success.
Once you file for bankruptcy, the court immediately notifies your mortgage lender. This is part of the official bankruptcy process, and it triggers the automatic stay that halts all foreclosure activity, at least temporarily.
If a foreclosure sale is scheduled, the court can postpone or cancel it, especially if you file early enough. In many cases, bankruptcy stops foreclosure just in time to give you breathing room to work on a more permanent fix.
However, lenders may still have the right to resume foreclosure if your bankruptcy case is dismissed or if the court grants a stay of the foreclosure proceedings. At Fleysher Law, we ensure your case remains compliant, complete, and properly filed to provide you with full protection throughout the process.
When a foreclosure sale is only days—or even hours—away, time is of the essence. Many homeowners believe it’s too late, but that’s not always true. At Fleysher Law, we can still take legal action to stop the sale through an emergency bankruptcy filing.
This type of filing allows you to submit the essential paperwork to trigger the automatic stay under the bankruptcy code. Once the stay is in place, your lender must halt the foreclosure process, even if the sale was scheduled to happen that day. The stay halts all collection efforts, providing you with a temporary shield against losing your home.
After the emergency filing, you must complete the rest of your bankruptcy petition within a limited time. If done correctly, this can give you the breathing room needed to consider a repayment plan, mortgage modification, or another form of debt relief.
Fleysher Law has extensive experience with last-minute filings. We understand the urgency and move fast to submit complete, compliant documents—often within hours. If you're in a real crisis and need to stop foreclosure or bankruptcy, our team is ready to protect your home.
Yes, bankruptcy can stop HOA foreclosures and property tax foreclosures, even though they’re different from mortgage-related cases. These types of liens are treated seriously by the court, but the automatic stay still applies.
In both Chapter 7 and Chapter 13, the stay can prevent the association or tax authority from selling your home. In Chapter 13, you can include the overdue amounts in your payment plan and keep the property. Fleysher Law helps Florida homeowners use bankruptcy to stop all types of foreclosure actions—even those that don’t involve a traditional mortgage lender or lender money.
While it's legal to file for bankruptcy on your own, doing so without legal help is risky. The paperwork is detailed, deadlines are strict, and the consequences of a mistake can be serious. Many bankruptcy cases are dismissed simply because key forms were filed late or filled out incorrectly.
Timing is also critical, especially in foreclosure situations. Filing too early or too late can reduce your protection. You’ll need to understand how the bankruptcy code applies to your situation, how the automatic stay works, and what happens if your lender requests that the court resume foreclosure proceedings. One error in your filing could result in the loss of your home.
Working with a skilled bankruptcy attorney gives you peace of mind. At Fleysher Law, we ensure every detail is handled properly, from court filings to repayment plans and exemption claims. We also respond quickly to time-sensitive situations, helping homeowners stop foreclosure and avoid unnecessary complications.
Filing for bankruptcy offers strong protection—but only when done correctly. Simple mistakes can weaken your case and allow foreclosure to move forward, even after you’ve filed.
One of the biggest errors is waiting too long. If the foreclosure sale has already been completed, filing for bankruptcy won’t reverse it. Acting fast matters. The sooner you speak with an attorney, the more options you have to avoid foreclosure and protect your home.
Another common mistake is submitting incomplete or inaccurate paperwork. Missing forms, errors in your credit report, or failing to disclose all debts can cause your case to be stalled or dismissed. When bankruptcy cases are dismissed, you may lose the benefit of the automatic stay, and your lender can continue the foreclosure process immediately.
At Fleysher Law, we help homeowners avoid these costly errors. We carefully review every detail, ensuring your case is filed correctly and on time to give you the strongest protection possible.
Filing for bankruptcy will impact your credit report, but so will a foreclosure. In the short term, your credit score may drop after your bankruptcy is filed. However, the long-term effects can be more manageable than losing your home.
In many cases, bankruptcy is better than foreclosure alone. While both can hurt your score, bankruptcy also stops collections, wipes out consumer debt, and gives you a clearer path to rebuild. A foreclosure, by contrast, may leave unpaid debt and judgments that linger.
Once your bankruptcy discharge is granted, you can begin rebuilding your credit right away. Many people qualify for secured credit cards, auto loans, or even mortgages within a relatively short period of time. At Fleysher Law, we don’t just stop foreclosure—we also help you take steps toward financial recovery.
Bankruptcy is one powerful way to stop foreclosure, but it isn’t the only option. Depending on your situation, other strategies may help you keep your home without filing for bankruptcy.
A mortgage modification adjusts your loan terms to make payments more affordable. This may involve reducing the interest rate, extending the loan period, or rolling over missed payments into the balance. Fleysher Law negotiates with lenders to help clients avoid court and stay in their homes.
If keeping the home isn’t possible, a short sale or deed in lieu of foreclosure may help avoid credit damage. These options allow you to settle your mortgage debt without a full foreclosure. Lenders may also waive the remaining balance if the terms are handled correctly.
At Fleysher Law, we evaluate all foreclosure defense options, not just bankruptcy. We’ll review your financial hardship, lender communications, and home value to recommend the best path forward. You’ll get clear answers and a real plan—without pressure.
When you're fighting to save your home, you need more than just legal forms—you need a focused team with the right experience. At Fleysher Law, we provide personalized service and aggressive advocacy to help you stop foreclosure and regain control of your financial future.
Here’s how we approach foreclosure cases with strategy, speed, and proven results: Personalized Legal Strategy
Every foreclosure case is unique, and at Fleysher Law, we approach each one that way. We take time to understand your full financial picture—mortgage debt, income, unsecured debt, and property value—so we can build a strategy that works. Whether you're behind on monthly payments or facing a foreclosure auction, we tailor our approach to protect what matters most.
We don’t just file paperwork—we fight for you. Our team knows how to deal directly with your mortgage company, mortgage servicer, and their attorneys. We’ve helped clients secure loan modifications, eliminate junior mortgages, and stop foreclosure even days before a sale.
With deep local experience in Palm Beach County courts, Fleysher Law understands how judges handle bankruptcy cases to stop foreclosure. We’ve successfully defended homeowners using Chapter 13, emergency filings, and court-approved plans. Our record speaks for itself: we don’t back down when your home is on the line.
Can bankruptcy stop a foreclosure sale scheduled this week?
Yes, but timing is critical. Fleysher Law can file emergency petitions in many cases to stop foreclosure immediately.
Do I have to pay my mortgage during a Chapter 13 bankruptcy?
Yes, you must make current mortgage payments during Chapter 13, along with repaying any missed payments through the plan.
What if I’ve already filed for bankruptcy before?
It depends. The automatic stay may be shortened or not apply if you've filed multiple bankruptcy cases dismissed within a year.
Will the bankruptcy court automatically save my home?
No. You must follow your repayment plan, meet court deadlines, and stay current with your mortgage payments.
Can I include property taxes in bankruptcy?
Yes, property tax debt may be included in a Chapter 13 plan and paid off over time as part of your court-approved repayment plan.
Time is limited when you’re facing foreclosure. At Fleysher Law, we act fast to file emergency cases, trigger the automatic stay, and protect your home from being sold.
Whether you’re weeks or just days away from a foreclosure sale, our team is ready to help. Call now or schedule your free consultation online to get immediate answers and trusted legal support.
Emil specializes in consumer bankruptcy, debt settlement, and mortgage modification, offering a holistic approach to solving mortgage and debt problems. Emil listens to clients, understands their circumstances and goals, and helps them make the right choices by presenting all options and contingencies.
He is dedicated to helping South Floridians regain their financial freedom from overwhelming debt caused by high interest credit cards, bad mortgage loans, and uninsured medical expenses.
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