Bankruptcy, Real Estate

Can Bankruptcy Stop Foreclosure in Pennsylvania? What Homeowners Need to Know (Before Sheriff Sale)

If you’re behind on your mortgage in Pennsylvania, you may feel like you’re watching a slow-motion disaster unfold:

  • letters from the lender
  • court papers
  • threats of foreclosure
  • a Sheriff Sale date creeping closer

And the question that keeps you up at night:

“Can bankruptcy stop foreclosure in Pennsylvania?”

Yes — filing bankruptcy can stop foreclosure immediately, even if a Sheriff Sale is scheduled.
But what happens next depends on which type of bankruptcy you file and where you are in the PA foreclosure process.

Let’s break it down in plain English.


Pennsylvania Foreclosure Moves Fast Once It Starts

In Pennsylvania, foreclosure is usually a court process (called “judicial foreclosure”).

That means the lender typically must:

  1. file a foreclosure complaint
  2. obtain judgment
  3. schedule a Sheriff Sale
  4. sell the home at Sheriff Sale

If you’ve been served court papers or you’ve received Sheriff Sale notices, you are already deep in the process — but that does not mean it’s too late.


The Most Important Bankruptcy Protection: The Automatic Stay

When you file bankruptcy, federal law triggers something powerful called the:

Automatic Stay

That means the lender must stop collection actions, including:

✅ foreclosure proceedings
✅ Sheriff Sale
✅ collection calls and letters
✅ wage garnishments
✅ lawsuits

In many cases, bankruptcy stops Sheriff Sale immediately.

This is why bankruptcy is often used as an emergency tool when a homeowner is out of time.


Can Bankruptcy Stop a Pennsylvania Sheriff Sale?

Yes — but timing matters.

In Pennsylvania, Sheriff Sales have strict scheduling rules and deadlines.

Even if your sale is:

  • next month
  • next week
  • tomorrow
  • the same day

Bankruptcy may still stop it — but you need to act quickly.

⚠️ If the sale happens before the bankruptcy is filed (or before the lender/court is notified), you may lose critical rights.

If you have a Sheriff Sale date, do not wait.


Chapter 7 vs Chapter 13 in Pennsylvania: Which One Actually Saves the House?

Chapter 7 Bankruptcy (PA): Stops foreclosure temporarily

Chapter 7 can stop foreclosure through the automatic stay, but it usually does not create a plan to catch up missed mortgage payments.

It may:

  • stop the sale temporarily
  • wipe out credit card/medical debt
  • free up money so you can focus on housing

But if you’re behind and can’t catch up quickly, the lender may restart foreclosure after the case ends (or ask the court to lift the stay sooner).

Best for:

  • homeowners who are not far behind
  • people who need time to move
  • people who want to eliminate debt fast

Chapter 13 Bankruptcy (PA): The “save the home” bankruptcy

Chapter 13 is usually the best tool in Pennsylvania if you want to keep your home and you’re behind on the mortgage.

It can allow you to:

  • stop foreclosure
  • stop Sheriff Sale
  • repay mortgage arrears over 3 to 5 years
  • keep making normal mortgage payments going forward

This is called curing the arrears.

Example:

If you’re behind $15,000, Chapter 13 may let you repay that amount over time — instead of demanding it all at once to stop foreclosure.

Best for:

  • homeowners with steady income
  • people behind on mortgage payments
  • people who want to keep their house

What If the Bank Already Has a Judgment in PA?

Many Pennsylvania homeowners think:

“The bank already won in court, so it’s too late.”

Not true.

Even after judgment, bankruptcy can still:

  • stop Sheriff Sale
  • pause enforcement
  • force the lender to go through the bankruptcy process

A judgment is serious — but it doesn’t automatically mean you’re out of options.


What If You’re Also Behind on Other Bills?

This is where bankruptcy can help more than you realize.

If you’re trying to keep your home but drowning in:

  • credit cards
  • medical bills
  • personal loans
  • collection lawsuits

Bankruptcy can eliminate or reduce those debts so you can focus on the mortgage.

Often, people lose homes not because the mortgage is impossible — but because everything else piled on top of it.


The Hard (But Important) Question: Should You Keep the House?

Sometimes the most powerful legal move is also the most emotional:

Do you even want to keep the house?

If the mortgage is unaffordable long-term, bankruptcy can also help you:

  • surrender the home without constant fear
  • stop harassment
  • avoid chaos
  • move on with a clean slate

There’s no shame in choosing stability over stress.


Pennsylvania Foreclosure + Bankruptcy: Common Mistakes

Here are the biggest mistakes I see homeowners make:

❌ waiting until the last minute
❌ assuming a Sheriff Sale can’t be stopped
❌ filing the wrong chapter
❌ ignoring court paperwork
❌ paying debt collectors instead of getting legal advice
❌ trying to “work it out” with the bank while the case keeps moving

Foreclosure in PA doesn’t stop just because you’re talking to the lender.


Bottom Line

If you’re facing foreclosure in Pennsylvania:

✅ bankruptcy can stop foreclosure
✅ bankruptcy can stop Sheriff Sale
✅ Chapter 13 may allow you to catch up over time
✅ Chapter 7 may give you breathing room and wipe out other debt

But timing and strategy matter.

Related Posts

Leave a Reply

Your email address will not be published. Required fields are marked *