Bankruptcy Preparation Services

Facing a Pending Sale?  Need to File Bankruptcy to Stop a Trustee sale?

Don’t have the $2000-$4000 needed to pay an attorney to do it?

Maybe we can help.

Filing for bankruptcy gives you an automatic stay from all creditors, including your pretender lender.  It is by far the most effective way to stop a Trustee sale.

As you know, we are a consumer advocacy company.  We provide resources to help homeowners to save money and where possible, do it themselves. Unfortunately, bankruptcy is one area we DO NOT recommend that you try to handle yourself.  It is excruciatingly complicated and messy.  Even for someone with an MBA degree.  It is not something that you can easily navigate on your own.

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We have hooked up with a paralegal company that specializes helping homeowners facing foreclosures file  bankruptcy.  Chapter 7 is designed for those without assets…if you want to claim your home and want to challenge the bank to produce proof of claim, you should consider Chapter 13 as it gives you the most options.  You can always change from Chapter 13 to Chapter 7 at a later date if you need to.

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Some homeowners who have filed for Chapter 13 have been able to stay in their homes for up to 2 years without needing to pay their mortgage payments.

Using the bankruptcy preparation assistance program, you can rest assured that your documents will be prepared according to your local bankruptcy codes.

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Please be advised that this service is provided by another company independent of Consumer Defense Programs.

If this is something you would like, please click on the order button below:

Non-Member Price: $1295.

Member Price: $995 (FYI. Cost of Membership is $350)

To order the BK service at the Member Price, go to Foreclosure Defense: Module 0.

  • #1 written by Hildred Cross
    about 9 months ago

    I filed bankruptcy several years ago, and I can tell you from personal experience, that the only way to go is with an attorney that specializes in bankruptcy. They know exactly what to do every step of the way, and once you give them the details of your financial situation, they take over and make your life worth living again. In no way, would I advise handling it on your own even if you have to borrow the money to hire a professional.

  • #2 written by peter
    about 9 months ago

    Here is a tough set of questions. I filed chapter 13 in Jan 2010. The BK included credit cards, car loan and home equity loan because my home was worth much less than the original amount of my mortgage. Now, my house is upside down by $30-$40 thousand. I’m losing my job any day now. Can your BK program help me to change from BK 13 to BK 7? Could I still use the Foreclosure Defense while doing the BK change over? Does this sound like I need a lawyers help with all this?

    • #3 written by admin
      about 9 months ago

      Peter

      Please consult an attorney (we recommend going to Prepaid Legal as it is only $16/m) about how to change from BK13 to 7. If you’ve already filed in Jan 2010….I presume you are still in BK13? If this is the case, you might want to consult your attorney about challenging your lender through an Adversary Procedure to challenge your lender for proof of claim under Federal Rules of Bankruptcy, code 3001(d).

      You do not need our BK Service if you are currently in BK13.

    • #4 written by Sharon Clark, Broker @ Signature Realty
      about 9 months ago

      hi Peter,
      May I ask, what state are you in? I gotta tella ya, in this day and time, I’m counceling my clients that their having control of a piece of property that’s less than 100K under water should be held at all cost. It’s going to be extremely difficult to recover in less than 10 years and in the meantime, that property may appreciate in the coming years, not to mention that there are a lot of folks that would be happy to ‘take over’ your loan even if it is a little over value right now. They get a home they can afford, you get your credit recovery faster with a consistant payment being made on your behalf by the buyers/leasors….just a thought..skc

  • #5 written by Lisa Luu
    about 10 months ago

    I had filed chapter 7 last year and got discharged in September. Then GMAC continue to foreclosure after my BK was discharged but I manage to keep them out until today. I understand that I can’t file another BK for 7yrs, what are my options to fight back and keep my house?

    Thank you
    Lisa Luu

  • #7 written by Larry
    about 10 months ago

    Please be aware that when I click on the link for the BK service for members in Module 0, it is taking me to the sign up page. Please help.

    • #8 written by admin
      about 10 months ago

      Larry

      Module 0 is for Foreclosure Defense members only. You can order the BK service on this page at the non-member price.

  • #9 written by Murray
    about 10 months ago

    I filed Chapter 7 and listed my house as a secured asset. There is no sale date yet. B of A is in first position and Chase HELOC is in second.

    Can anything be done to stop the eventual foreclosure?

  • #11 written by mari
    about 10 months ago

    after the eviction can bankrupcy help?
    what about before eviction how to buy time

    • #12 written by admin
      about 10 months ago

      BK can only be used as a way to buy time before the Trustee sale. Once the foreclosure/trustee sale is performed, you are no longer on title…and it becomes more challenging to use BK. Of course, you should consult with an attorney for specifics.

  • #13 written by PETER
    about 1 year ago

    I’ve been in chapter 13 bankruptcy since 1/20/10. My home was not included in my bankruptcy. I pay the trustee and the mortgage company separately. Will your mortgage program work for me? I do know my mortgage was sold several times and is now owned by Fannie Mae. All this done through MERS.

    • #14 written by admin
      about 1 year ago

      Peter

      If you are still in BK13, you might be able to file an adversary proceeding against your lender to require they produce proof of claim to be named a secured creditor. You should consult your BK attorney about this.

      Our program will give you coaching and templates to file the adversary proceeding.

      And Fannie Mae does not *OWN* your mortgage. They invested. They are a shareholder. Not the holder in due course. Big difference. The law gives certain rights to the holder of the note, not the investor of the entity in which the note was enclosed.

      This is the lie that banks don’t want you to know.

  • #15 written by imelda
    about 1 year ago

    my house has been foreclosed dec 17, 2010. eviction notice was on april 5 but was stopped cause my husband filed ch 13. as of today may 3, 2011 we are still in this house. what’s the best thing to do to stop another eviction?

    • #16 written by admin
      about 1 year ago

      The other side will have to file a “lift of automatic stay” before they can foreclose on you…but since that has already happen, they will need to file for an unlawful detainer. Your best course of action is to file an Adversary Proceeding to require the “lender” to provide valid proof of claim. Please read this article:
      http://www.consumerdefenseprograms.com/13/how-to-stop-a-pending-foreclosure/

      The template for an adversary proceeding is available in Module 0 of the foreclosure defense membership program.

      Thank you.

  • #17 written by CHARLENE
    about 1 year ago

    where do i find the documents kit?

  • #19 written by CHARLENE
    about 1 year ago

    when filling bk do i also file an advesary proceeding and claim the house unsecured debt?

    • #20 written by admin
      about 1 year ago

      Charlene

      I can not offer you personalized advice. All I can say is some of our members have filed their BK and have listed their house as an unsecured debt. They file their Adversary Proceeding immediately after filing for BK. You should consult with Prepaid Legal for specifics.

      One of our members who have filed their house as an unsecured debt is awaiting his BK to be discharged…along with the debt to his house. The bank never came back to complain.

  • #21 written by Charles
    about 1 year ago

    If you file a federal common law lien would it stop forclosure preceedings?

    • #22 written by admin
      about 1 year ago

      Charles

      Liens do not stop foreclosures. I don’t know what the priority of claim is for a mortgage/deed of trust lien vs a common law lien. Most of the time, the priority of lien is Tax liens, then Mechanics Liens, then Debt Liens, then any other liens is the priority. Please consult an attorney for details.

  • #23 written by antionette
    about 1 year ago

    Do you know what papers should be filed after your chapter7 is approved. The lender will file a motion to dismiss and start the foreclosure again, what papers can i file to counter his stay?

    • #24 written by admin
      about 1 year ago

      Antionette

      In a Chapter 7, you can file an Objection to the Remove of Automatic Stay. In our documents kit (as part of our membership), you provide you with 3 sample responses prepared by lawyers that you could use (ie. you then customize these responses to fit your own situations).

      For more info on the membership program, please go to: http://www.consumerdefenseprograms.com/coaching-program/intro/

      Alternatively, consult with your attorney. We recommend that you take our sample responses to your attorney so he/she has less work researching the response and legal defenses…ie. saves you money.

      Thank you.

  • #25 written by Rodney
    about 1 year ago

    A bankruptcy attorney filed chapter 13 on my behalf after going into default. I Signed a loan modification. Thru MERS I discovered that the investor was NY Mellon and BOA was the servicer. Now that I have been educated on Loan Modification it state that BAC amends and suppement the Mortgage Deed of Trust or Deed of Secure Debt. Is the Loan Modificaton with BOA or BAC now a secure loan or is it an unsecured Loan and should have been filed in the Chapter 13 as an unsecured debt?

    • #26 written by admin
      about 1 year ago

      Rodney

      Once you have signed a loan mod, it may be more difficult to challenge the “lender’s” standing. That said, if you work with your attorney to file an adversary proceeding, you might be able to compel them to produce the chain of title to prove standing using Federal Rules of Bankruptcy code 3001(d).

  • #27 written by Name (required)
    about 1 year ago

    Hi Vera,
    i have one paid in full,two rental on shortnn sale for an year,no tennents at all.What is your advise to avoid foreclosure,is bankruptcy only option?.Didn’t contact lower yet, can’t afford.

    thank you Ana

  • #29 written by VERA HOLTHAUS
    about 1 year ago

    i HAVE HIRED AN ATTORNEY FOR CHAPTER 13 BANKRUPTCY TO SAVE MY TWO HOMES. THE PAPER WORK AND FRAUD IS VERY APPARENT, BUT CIVIL COURT WOULD NOT LET ME SPEAK AND MY ATTORNEY QUIT, EVEN THOUGH THE JUDGE SAID HE COULDNOT WHEN PAID IN FULL FOR THREE HOMES. I HAVE A NEW ATTORNEY NOW WHO ISN’T REAL FAMILIAR WITH FORECLOSURE WHICH IS MY REASON FOR BANKRUPTCY.

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