Does filing Chapter 13 stop a foreclosure sale immediately?

Filing triggers an automatic stay that generally halts foreclosure proceedings right away, though a lender can ask the court to lift the stay in some circumstances. Timing before a scheduled sale date matters.

Can I keep my house through Chapter 13?

That's the point of the plan: missed payments get repaid over time through the plan while regular mortgage payments continue, so the goal is keeping the property rather than losing it.

What happens if I can't keep up with the Chapter 13 payments?

Missing plan payments can put the case at risk of dismissal, which could remove the automatic stay protection. An attorney typically monitors this and can petition the court if circumstances change.

Using chapter 13 bankruptcy to stop foreclosure

Chapter 13 is the bankruptcy option built for homeowners who want to keep the house, not just discharge debt. Filing triggers an automatic stay that stops a foreclosure sale, and then the missed mortgage payments get folded into a repayment plan, typically stretched over three to five years, alongside the regular ongoing mortgage payments.

That's a different tool than Chapter 7, which can discharge unsecured debt and slow a foreclosure temporarily but doesn't include a mechanism for catching up on arrears while keeping the property. A homeowner considering Chapter 13 specifically for foreclosure relief should expect the attorney to look at income stability first, since the repayment plan only works if there's steady income to fund it going forward.

This route works alongside, not instead of, other foreclosure defense options; some cases combine a Chapter 13 filing with separate loss mitigation or litigation work depending on how the lender responds.

What it costs

Chapter 13 costs more upfront than Chapter 7 in most cases because it involves ongoing court supervision of a multi-year repayment plan rather than a single discharge event. Attorney fees often reflect that longer-term involvement, and there are separate filing and trustee fees set by the bankruptcy court. The specific cost depends on the complexity of the case and how much of the fee gets rolled into the repayment plan itself.

Top 3 by our score

Ranked from our published scoring of public Google reviews for bankruptcy-related foreclosure relief.

1. Karra L. Kingston Esq.
5.0★ · 263 reviews

94
2. The Law Offices of Robert M. Fox
5.0★ · 245 reviews

94
3. David I. Pankin, P.C.
5.0★ · 240 reviews

94

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FAQ

Does filing Chapter 13 stop a foreclosure sale immediately?: Filing triggers an automatic stay that generally halts foreclosure proceedings right away, though a lender can ask the court to lift the stay in some circumstances. Timing before a scheduled sale date matters.
Can I keep my house through Chapter 13?: That's the point of the plan: missed payments get repaid over time through the plan while regular mortgage payments continue, so the goal is keeping the property rather than losing it.
What happens if I can't keep up with the Chapter 13 payments?: Missing plan payments can put the case at risk of dismissal, which could remove the automatic stay protection. An attorney typically monitors this and can petition the court if circumstances change.

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