Stopping Foreclosure: The Critical Steps When Filing for Bankruptcy Without a Lawyer (Pro Se)

In this podcast episode, I detail the critical steps required after filing a pro se (without a lawyer) bankruptcy petition to successfully kick-start the Automatic Stay and stop a pending foreclosure. Specifically, I will cover the use of the Suggestion of Bankruptcy in state court for both Chapter 7 and Chapter 13 cases.

By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).

Updated on November 29, 2025.

Listen: The Professor’s Audio Briefing.

As a bankruptcy attorney with two decades of experience, law professor, and published author on consumer bankruptcy law, I have personally managed and witnessed the powerful strategy of using the automatic stay in foreclosure cases, including with last-minute filings. This discussion is based on those years of experience and the practical, but necessary steps that need to be taken when handling a bankruptcy case (federal court system) and foreclosure (state court system).

The Automatic Stay: When Filing for Bankruptcy Isn’t Enough

Online resources correctly state that filing a bankruptcy petition triggers an automatic stay. This is a powerful injunction under 11 U.S.C. § 362 that immediately prevents most collection actions from moving forward pending the bankruptcy case, including a scheduled foreclosure sale.

However, the term “automatic” refers to the legal effect in federal court, not the practical notice required in state court. The stay is not effective until the state foreclosure court and the creditor’s attorney are formally notified.

Ignoring this critical step, relying solely on the federal court’s electronic notification process (ECF), is a common and potentially devastating mistake for self-represented filers.

Chapter 7 vs. Chapter 13: The Critical Difference to Save Your Home From Foreclosure

Both Chapter 7 (Liquidation) and Chapter 13 (Reorganization or wage earner’s plan) trigger the automatic stay. However, their long-term impact on your case and home is fundamentally different:

Feature	Chapter 7 Bankruptcy	Chapter 13 Bankruptcy
Stay Effect	Stops the foreclosure sale (Temporary time gained).	Stops the foreclosure sale.
Home Retention	Will NOT save your home if you are behind on payments.	CAN save your home through a repayment plan (cure the arrearage).
Purpose of Time	Allows time to negotiate a modification, sell the home, or move out.	Allows time to pay missed mortgage payments over 3-5 years.

The Professor’s Tip: If your primary goal is to save your home and you are currently in arrears, you must file Chapter 13. If the arrears are minimal, say a month or two, an honest attorney should advise catching up on the mortgage before filing Chapter 7, not only to save your home, but also to reduce the costs associated with Chapter 13 bankruptcy.

The Critical Next Step: Filing the Suggestion of Bankruptcy

Once the bankruptcy petition is filed in federal court, the next and most critical step is filing a Suggestion of Bankruptcy in the pending state court foreclosure action.

Why is this necessary? (The Supremacy Clause)

Bankruptcy is governed by federal law. Under the Supremacy Clause of the U.S. Constitution (Article VI, Clause 2), federal law is the supreme law of the land. Once a bankruptcy petition is filed, the federal automatic stay trumps the state foreclosure proceeding.

However, the state court judge and foreclosure clerk are not automatically or instantly aware of the federal filing. You must provide formal notice.

How to Proceed With the Suggestion of Bankruptcy

Preparation: Draft a simple pleading, often titled “Notice of Filing” or “Suggestion of Bankruptcy.” This document formally notifies the state court that a bankruptcy petition has been filed. It must include:

• The debtor’s name(s).
• The bankruptcy case number.
• The date and time the federal petition was filed.
• The chapter of bankruptcy filed (Chapter 7 or 13).

Filing in State Court: This pleading must be filed with the state court clerk handling your foreclosure case, and a copy must be served immediately on the bank’s foreclosure attorney.

Proof of Filing: While the automatic stay is self-executing (meaning no formal motion or hearing is needed), some state court judges may require verifiable proof. Be prepared to present a printout from the PACER.GOV electronic docket or, in rare cases, a certified copy of the petition/docket sheet obtained from the bankruptcy court clerk.

To learn how to use PACER.GOV, please watch this short video I created. You can also read prior blog posts and watch videos concerning the bankruptcy petition via this link.

The Professor’s Warning: Arguing a formal Motion to Stay, as inexperienced counsel sometimes attempt, is unnecessary and reveals a misunderstanding of the law. The Suggestion of Bankruptcy is a notice, not a motion requiring judicial approval. The stay is absolute upon filing the petition. Your job is simply to notify the state court.

Handling Last-Minute Filings: The Skeleton Petition or Bare Bones Petition

I advise filers to submit their petition at least a day or two in advance to avoid any last-minute complications. However, if a foreclosure sale is scheduled for tomorrow, you can utilize a bare-bones or skeleton petition to save time and secure the stay.

The minimum requirement to trigger the automatic stay is the submission of:

1. The bankruptcy petition (Official Form 101).
2. A list of creditors (including your mortgage lender). Note, the mortgage lender is the most important creditor to list because of the foreclosure. You can add the unsecured creditors later by amending the petition.
3. The filing fee. I wouldn’t recommend a waiver of the fees in an emergency basis.

You can read more about a bare-bones petition via this link.

The filing, even as a skeleton petition, secures the automatic stay. The court will issue a Deficiency Notice, giving you approximately 14 days to file the remaining required schedules and statements. This buys you the necessary time to complete the full documentation and secure your home.

Colleges and universities can purchase my bankruptcy law textbook directly from Routledge Publishing. Paralegals and students who are buying single copies can do so via Amazon Books. To access my YouTube channel, click this link.

You can learn more about filing for bankruptcy and the bankruptcy petition via this link. Information on the bankruptcy court system, contact information for trustees, and your state’s exemptions can be found here. The federal bankruptcy exemptions are listed here. The latest version of the 341 Meeting of the Creditors can be found here.

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Please note that the information on this site does not constitute legal advice and should be considered for informational purposes only.

Updated initially on April 8, 2025.