Foreclosure Defense

Foreclosure Defense Attorney in Fishers, IN

Chapter 7 & Chapter 13 Options for Hamilton County Homeowners

When a lender starts foreclosure proceedings, the window to act is real, and it closes fast. At Jackson & Oglesby Law LLC, attorneys Michael Jackson and Dana Oglesby work with Fishers and Hamilton County homeowners to review their options and respond before deadlines shrink the path forward. We focus on consumer bankruptcy, and those tools connect directly to foreclosure situations in ways that aren’t always obvious when you’re staring at a stack of court papers.

We offer free, confidential bankruptcy evaluations with no obligation. The sooner we talk, the more options typically remain available. Meetings work around your schedule: in person at one of our offices, by phone, or on Zoom.

Ready to talk through your situation? Call us at (888) 713-5148 to schedule your free evaluation with a foreclosure defense attorney serving Fishers.

How We Help Fishers Homeowners Respond to Foreclosure

Before we recommend anything, we look at where you are in the process, what you owe in mortgage arrears, what your income looks like, and what you’re trying to accomplish. There isn’t one answer that fits every homeowner, and we don’t treat it that way.

Filing bankruptcy typically triggers an automatic stay, a court order that may temporarily pause most collection actions, including foreclosure proceedings. That pause can create breathing room. What happens next depends on which chapter fits your situation.

Chapter 7 for Fishers Homeowners

Chapter 7 is primarily designed to discharge unsecured debts like credit cards and medical bills. For homeowners, it can free up income by eliminating those obligations, though it doesn’t by itself resolve mortgage arrears. Long-term outcomes with your mortgage under Chapter 7 depend on your specific facts, and we walk through those details with you before any decision is made.

Chapter 13 & Catching Up on a Mortgage

Chapter 13 is the chapter most commonly associated with saving a home. It allows homeowners with steady income to catch up on missed mortgage payments over a three-to-five-year repayment plan while continuing to make regular ongoing payments. If you’ve fallen behind after a job loss, a medical event, or another disruption and your income has stabilized, Chapter 13 may be worth a close look.

We also handle emergency filings when a sheriff’s sale date is approaching. If time is short, tell us that when you call.

Why Fishers Homeowners Work With Jackson & Oglesby Law LLC

We’re a consumer bankruptcy firm, which means every case we handle involves someone navigating financial stress. We’ve built the firm around making that process less painful.

Credentials that matter:

Accredited by the Better Business Bureau
Member of the National Association of Consumer Bankruptcy Attorneys (NACBA)
Over 30 years of combined bankruptcy experience between Michael Jackson and Dana Oglesby

Practices built for clients under financial pressure:

Free bankruptcy evaluations with no obligation to file
Affordable payment plans and $0 down options
Flexible hours for clients who are working or managing family responsibilities
You work directly with our attorneys and staff, not a call center
Our Bankruptcy 101 resources help you understand your situation before making any decisions

Schedule Your Free Evaluation Before Deadlines Pass

Indiana foreclosure cases move on strict timelines, and response windows matter. A confidential evaluation with our team costs nothing and carries no obligation. We can review your situation, explain how Chapter 7 and Chapter 13 apply to it, and help you understand what comes next.

We serve Fishers and Hamilton County homeowners by phone, Zoom, or in person. Call (888) 713-5148 to reach Jackson & Oglesby Law LLC and schedule your free consultation with a foreclosure defense lawyer serving Fishers.

The Indiana Foreclosure Process: What Fishers Homeowners Should Know

Indiana is a judicial foreclosure state, meaning a lender can’t simply sell your home after missed payments. The lender must file a lawsuit, and a judge must issue a judgment before any sale can take place. For Fishers homeowners, that complaint is filed in Hamilton County Superior Court.

Key Deadlines in the Process

After being served with a summons and complaint, Indiana homeowners generally have 20 days to file a written response. Missing that window can limit your ability to contest the action. If the home is your primary residence, you also have the right to request a settlement conference with the lender within 30 days of being served. That conference creates a structured opportunity to discuss alternatives like loan modification or forbearance directly with the lender.

Under Indiana law, the home generally can’t be sold until at least three months after the complaint is filed. The full process from filing to sale can take anywhere from several months to well over a year, but individual deadlines within that window are strict. Missing one can reduce your options significantly.

The Sheriff’s Sale and What Follows

The sheriff’s sale represents the end of the Indiana foreclosure process. Once completed, Indiana doesn’t provide a post-sale redemption right, meaning a homeowner can’t reclaim the property after the sale closes. Acting before the sale is the critical window.

Alternatives that may be available before or during foreclosure:

Loan modification
Forbearance agreement
Short sale
Deed in lieu of foreclosure
Chapter 7 or Chapter 13 bankruptcy

Comparing Chapter 7 & Chapter 13 in a Foreclosure Situation

Both chapters involve an automatic stay that may temporarily pause foreclosure proceedings after filing, but they work differently in a foreclosure context and serve different goals.

Chapter 7: Discharge and Temporary Relief

Chapter 7 focuses on discharging unsecured debts. It can provide temporary relief from foreclosure through the automatic stay and may free up income by eliminating other obligations. It doesn’t resolve mortgage arrears on its own and doesn’t include a mechanism to catch up on missed payments over time. Homeowners who are primarily looking to walk away from a property and discharge remaining debt may find Chapter 7 more relevant to their situation.

Chapter 13: Catching Up Over Time

Chapter 13 is structured for homeowners who want to keep their home and have resumed steady income. It allows mortgage arrears to be paid back over a three-to-five-year plan while regular ongoing payments continue. Homeowners who fell behind due to job loss, medical expenses, or another unexpected event and have since stabilized may be good candidates. The outcome depends on timing, the specifics of any prior filings, and the full picture of income and obligations. Results can’t be guaranteed, and we explain the realistic tradeoffs before any filing decision is made.

We review both chapters with every client based on income, assets, arrears, and long-term goals. Our job is to make sure you understand your options clearly before you decide anything.

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“Thanks to Dana Oglesby I am debt free.”
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Why Choose Jackson & Oglesby Law LLC?

Guided by a team of attorneys with over 30 years of bankruptcy experience.
Trusted by hundred of clients who have achieved a debt-free life.
Accredited by the Better Business Bureau & a member of the National Association of Consumer Bankruptcy Attorneys (NACBA).
Affordable payment plans and $0 down options are available.

Begin Your Journey to a Clean Slate Today

All Consultations Are Free & Confidential

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