Filing for bankruptcy under chapter thirteen is a method that is used by many homeowners to stop foreclosure. This is the only form of bankruptcy that offers hope of allowing the mortgagee to remain in the home. If you are trying to avoid losing your home to foreclosure by filing for bankruptcy, you need to file for chapter thirteen bankruptcy, not chapter seven.
For people who are having trouble paying their monthly payments, bankruptcy reorganization allows the possibility of restructuring debt with new terms so that the resulting payments are more manageable. Chapter thirteen bankruptcy does not help people who have more debts than they can ever hope to repay. You must be able to present a realistic plan for repaying your debts within a reasonable time period.
When you file for reorganization under chapter thirteen, the foreclosure process on your home will be halted, at least temporarily. This can buy you some time to work out another plan for saving your home. For example, if you have a buyer but need more time for them to close. However, keep in mind that even if your plan succeeds, you are going to end up with a bankruptcy filing on your credit report in addition to the foreclosure action that is already there.
If you end up with both a home foreclosure and a chapter thirteen bankruptcy on your credit, it will really reduce your chances of getting a loan in the future. It is best to have as few negative marks as possible on your credit report. That is especially true of the biggest negatives – bankruptcy, foreclosure and eviction.
If you are more concerned about keeping your home than what your credit report looks like, chapter thirteen bankruptcy may be just the right solution for you. If the court approves your reorganization, you will be able to make payments to your mortgage holder and other creditors according to the new payment plan agreed upon during the bankruptcy process.
During bankruptcy reorganization, be careful not to agree to a repayment plan that will be extremely difficult for you to abide by. Think of this as your last chance to save your home. If you fall behind on your payments again after you have gone through a chapter thirteen bankruptcy, it is very unlikely that you will be able to save your home.
You should speak with an experienced bankruptcy attorney before filing for chapter thirteen bankruptcy reorganization. An attorney who has handled many bankruptcy cases will be able to explain how bankruptcy works and advise you on whether it is likely to help you with your situation. Make sure you select an attorney who has done a lot of work with bankruptcy and foreclosure.
Chapter thirteen does not help everyone. In fact, it can make things worse if you are unable to keep up with the reorganized debt payments. You should always do plenty of research before making a major financial decision, and this is no different. Learn all you can about bankruptcy and foreclosure before deciding whether chapter thirteen bankruptcy is the right choice for you.
Due to economic difficulties, many families are struggling with the reality that they may loose their home. There are few options available to Stop Foreclosure with Foreclosure Help, specifically for those warned by lenders about repossessing their house.
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