Using Chapter Thirteen Bankruptcy To Stop Foreclosure

By Adam Whazzer

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.

The combination of bankruptcy and foreclosure on your credit report looks really bad to future prospective lenders. For that reason, you should consider your options carefully before choosing to file for bankruptcy in order to stop the foreclosure on your home.

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.

Of course, you should take extra care to ensure that your bankruptcy reorganization plan is realistic. You will not be given another chance to reorganize your debts. Once you have set up a bankruptcy reorganization plan, you must make every payment on time. Otherwise, you could still end up losing your home to foreclosure.

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.

Not everyone will benefit from bankruptcy reorganization, but depending on your circumstances it could be your best option for stopping foreclosure on your home. Be sure to do your homework first though because there are pros and cons to filing for chapter thirteen bankruptcy. Only you can decide whether the pros outweigh the cons. - 29971

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