The Bankruptcy Code Does Not Necessarily Protect Against Foreclosure Eviction
Many people face eviction from their homes after foreclosure. In the beginning, even a bankruptcy filing might not help. The bankruptcy code states that there is no automatic stay of eviction when a pre-filing judgment for possession of the property has been entered. The normal language of this does not apply to post-foreclosure evictions, and lenders instead must file for and obtain a relief from the automatic stay before they can proceed with the eviction. Basically, if the foreclosure eviction has already been processed filing bankruptcy might not buy you any time. Many people file for bankruptcy just to delay this and the inevitable happens.