We filed chapter 13 the day before the auction date of our home in NY and this did stop the sale. Filing chapter 13 was our only hope. Without a doubt, if our home could have been saved any other way, we would have done so. It’s a scary, nauseating situation to be in. Unfortunately, it’s not over. We still have hearings to appear at and it still has to be confirmed, and mortgage plus trustee payments must be received on time. We’ve had our home on the market since Sept. of ’07 and are naturally praying for a buyer (as we know so are thousands of other people!).
We also pray for you and your family, we wish you strength and patience through all this. God Speed.
P.S. I’d just like to add that we’ve lived in our home for 14 years and came upon financial hardship due to an illness and loss of job.

In short. YES FOR BOTH.
Now, in long……
STOP GARNISHMENTS. EVEN BEFORE THEY START
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Filing bankruptcy can stop a garnishment immediately. If all funds that have been garnished have been properly exempted, the garnished funds can even be returned to the debtor.
When a bankruptcy is filed, a special provision of the bankruptcy code kicks in and stops all creditor action to collect a debt. The special provision of the bankruptcy code is Section 362 and is called “the Automatic Stay”. The Automatic Stay is a court order to all creditors to stop collecting debts immediately.
When a paycheck or bank account is garnished, money is taken from the paycheck or other account and held until a certain time when the money is supposed to be delivered to court and turned over to the creditor. The date that the creditor is supposed to pick up the garnished funds in court is often called “the return date”. If a bankruptcy is filed before the return date set for the garnishment, the garnishment is immediately stopped and the creditor cannot continue to collect the debt through the garnishment method.
An employer or bank that has been instructed to hold the garnished funds on behalf of the creditor will usually release all garnished funds to the debtor after the debtor has provided proof of bankruptcy filing. Usually, the bankruptcy attorney for the debtor will write a letter to the employer or bank and explain that the garnishment has been stopped by the filing of the bankruptcy and that the employer or bank should no longer withhold the funds from the paycheck or bank account.
Once notice has been given to an employer or bank regarding the bankruptcy filing, the employer or bank will then usually send all garnished funds that have been held to the bankruptcy trustee assigned to administer the debtor’s bankruptcy case. If the debtor, or debtor’s attorney, has successfully exempted the garnished funds on the bankruptcy petition, the bankruptcy trustee will “abandon” any interest in the funds and turn the funds over to the debtor.
Stopping a garnishment and recovering funds held pursuant to a garnishment can be very complicated. The process requires an expert knowledge of bankruptcy procedure and bankruptcy exemptions. Debtors should always consult with an experienced bankruptcy attorney concerning serious bankruptcy matters like stopping a garishment and recovering garnished funds.
FORECLOSURE
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Filing a Chapter 7 bankruptcy temporarily stalls your lender’s right to foreclosure, until it gets permission to go forward with the foreclosure proceedings. However, doing so could have other very serious consequences.
I caution you against falling for some of the schemes that have been developed that entice a homeowner who is facing foreclosure to transfer a portion of the title to his home to a third person, who then files for bankruptcy. While that may temporarily delay the foreclosure courts are getting wise to the scheme and the delay may be very temporary. Typically the homeowner pays large fees and loses his or her home anyway. Some of the people engaging in such schemes have also been charged with fraud.
If bankruptcy seems to be an option, consider a Chapter 13 or “wage earner” repayment bankruptcy as an alternative to a Chapter 7 straight bankruptcy. Under a Chapter 13 plan, it is possible to make up the missed payments out of your income through the repayment plan.
If you face foreclosure, bankruptcy may or may not make sense, depending on your other obligations and income sources, and the advice of an attorney will be very helpful.
I truly hope this has helped.
Enjoy your day,
Damon

Specifically what options can a mortgage company have to get the court to hear a motion to force the hand of one party to sign papers to sell a house. There are two parties involved, but one is dragging their feet. There is no disagreement over the validity of the mortgage or that foreclosure is imminent. The stalling party continues to delay the proceedings by switching attorneys and then being granted a continuance. There is a buyer for the house, but needs the signature of both parties to continue. Given that the financial interest of the mortgage company is clear, can they file a AC brief?