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Foreclosed and Filing Ch. 7 -- When must I move?

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Junior Member
What is the name of your state?What is the name of your state? Michigan

My husband was laid off for 4 months and we couldn't pay the mortgages. All our bills are beyond catching up. We also have an atrocious hospital bill we can't pay, so...

My husband and I are filing bankruptcy by the end of the month. Our papers must be in to the lawyer by the 21st. Our home is foreclosed on the first mortgage and up for public auction on Sept. 28th.

1. Does Ch. 7 buy us time in the home? How much?
2. When do we absolutely have to move out? What is the process if we can't move by the auction date?

My husband wants to wait out the longest possible eviction process to save money first, but I would rather just suck it up and take out a student loan (I'm a grad student with a small stipend) to go ahead and get another place to live.

Please advise!


Senior Member
A bk filing comes with an automatic stay. To proceed, the lender will have to file for relief from stay. It'll be granted pretty fast. Ask your lawyer how long it'll take because, state laws differ on how foreclosures proceed.

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